1. The instant lawsuit was concluded on September 1, 2015 by the Defendant’s withdrawal of appeal.

2. After filing an application for designation of the date.

1. The fact that the Defendant submitted a written withdrawal of appeal to this court on September 11, 2015, but on September 14, 2015, submitted a written revocation of withdrawal of appeal containing the following: “The Plaintiff and the Defendant sold the Plaintiff’s site and housing, and the Defendant’s housing en bloc on September 9, 2015; and simply received a written withdrawal of appeal in accordance with the broker’s opinion, so the withdrawal of appeal is revoked; and on September 21, 2015, submitted a written revocation of withdrawal of appeal, stating that “the Plaintiff and the Defendant sold real estate of both the Plaintiff and the Defendant, and simply submitted a written withdrawal of appeal, the submission of the written withdrawal of appeal becomes final and conclusive, as the first instance judgment becomes final and conclusive,” it is clear in the record to the effect that “the withdrawal of appeal is revoked.”

2. Determination

A. It is obvious that the appeal is a unilateral procedural act by the appellant against the appellate court, which concludes the continuation of a lawsuit by the appellate court, after withdrawing a group of appeal filed by the withdrawal of appeal, and unless there are any special provisions or special circumstances, the provisions concerning legal acts under the Civil Procedure Act shall not apply to the procedural acts

As such, the invalidity or revocation cannot be asserted on the ground of the defect in declaration of intention such as fraud, coercion or mistake.

(See Supreme Court Decision 2004Da42968 delivered on November 12, 2004, etc.). B.

In light of the above legal principles, as long as the Defendant submitted a written withdrawal of appeal on September 11, 2015, the appeal is lawful and voluntarily withdrawn, or cannot be asserted the invalidation or revocation on the grounds of defects in declaration of intent, such as mistake, as alleged above by the Defendant. Accordingly, the instant lawsuit was concluded on September 11, 2015 when the Defendant submitted the written withdrawal of appeal.

3. As such, the instant lawsuit was concluded on September 1, 2015 by the Defendant’s withdrawal of appeal.