독립당사자참가소송에서의 소송탈퇴

The Withdrawal from Litigation in Intervention as independent Party

When a third as Independent Party participates in the suit, it becomes the Litigation in Intervention as independent Party. Then a Plantiff or a Defendant is performing usually a suit. but it exceptionally becomes unnecessary to maintain the suit. In the case of the latter, a Party will withdraw from Litigation with a opponent's consent. Article §80 the korean Code of Civil Procedure is in case whrer exists a person who has intervened in a suit in order to claim his rights under the provisions of 79, rhe Plaintiff or defendant prior to his intervention may withdraw from the suit subject to the Consent of the Opponent. Provided, that the judgement shall also become effective for the Party who has so withdrawn. I agrees to the Theory of Litigation Trust. My Conclusion is that a Withdrawal needs the consent of Opponent and Intervener. And the Withdrawer is no Party. But his Claim is remain in the Action.