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(영문) 의정부지방법원 2015.06.09 2012구합1629
열람.등사불허가처분취소청구
Text

1. The instant lawsuit was concluded on January 27, 2015 as deemed the withdrawal of the lawsuit.

2. The costs of the lawsuit after the request for setting the date.

Reasons

1. Review of the record of recognition reveals the following facts. A.

On September 30, 2014, the Plaintiff filed an application for change on the third date for pleading designated as the third date for pleading on September 15, 2014, and did not appear on the said date, and the Defendant litigation performer did not appear, but did not present any pleading.

B. The Plaintiff was not present at the date of pleading on November 4, 2014, when he was directly served with the notice of the fourth date for pleading, and the Defendant litigation performer was present at the court, but did not present at the court.

C. On December 4, 2014, the Plaintiff accepted the documents that cannot be viewed as the date for pleading on the fourth day for pleading. D.

The plaintiff was served a notice of the fifth date for pleading on January 27, 2015, but was not present on the date for pleading, and the defendant litigation performer did not appear, but did not present.

E. On February 27, 2015, the Plaintiff accepted again the documents that cannot be seen as the date for pleading of the fourth and fifth pleadings.

2. Determination

A. Both parties did not attend or attended twice on the date of pleading;

In the absence of pleading, both parties did not appear or appeared on the date of pleading determined by the plaintiff's request for designation of date.

Even if a lawsuit is not presented, the lawsuit shall be deemed to have been withdrawn unless it is presented (Article 8(2) of the Administrative Litigation Act and Article 268 of the Civil Procedure

According to the above facts of recognition, even if the Plaintiff interpreted the documents received on December 4, 2014 as an application for designating a fixed date, the lawsuit in this case shall be deemed to have been withdrawn on the designated date, if the Plaintiff did not appear at the court on January 27, 2015, and the Defendant litigation performer did not present at the court on the designated date.

3. As such, the instant lawsuit ought to be deemed to have been withdrawn on January 27, 2015 by the Plaintiff. However, as the Plaintiff contests its validity, Article 8(2) of the Administrative Litigation Act, Article 268 of the Civil Procedure Act, and Articles 68 and 67(3) of the Rules of Civil Procedure shall be decided.

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