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(영문) 수원지방법원 2020.09.03 2019나69131

소유권보존등기말소

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The part of the first instance judgment against the Defendants shall be revoked.

The Defendants are one of the 7,041 square meters in Q2, Nam-si, Q20.

Reasons

1. The Plaintiff asserts to the purport that the Defendants were not able to obtain a copy of the complaint of this case and a written application for correction of indication of the parties, and the written application for modification of the purport and cause of the claim as of July 6, 2016, and that the Defendants failed to meet the grounds for completion.

However, in a case where a party is unable to comply with the peremptory period due to a cause not attributable to the party, the litigation may be supplemented within two weeks from the date on which such cause ceases to exist (Article 173(1)1 of the Civil Procedure Act). In a case where an unauthorized representative conducts a lawsuit and is served the original copy of the judgment, the party concerned is unaware of the fact that the lawsuit is pending and the service of the original copy of the judgment without negligence, and thus, the appeal by the party concerned is lawful.

(2) On July 14, 2016, the court of first instance delivered a copy of the complaint of this case and the application for correction of the indication of the parties, and the application for alteration of the purport of the claim of this case and the grounds for the request to Defendant K on July 14, 2016, but not delivered as a closed door absence. The remaining Defendants except Defendant K were served on July 12, 2016 through July 13, 2016 the application for correction of the indication of the parties, the application for correction of the purport of this case and the grounds for the claim as of July 16, 2016, and the application for alteration of the purport of this case and the grounds for the claim as of July 16, 2016, the court of first instance, despite the fact that new law firm created the name and address of the Defendants on July 21, 2016, and submitted a letter of delegation with the seal affixed to each of the Defendants’ respective legal firms, the court of first instance, including the Defendants’ reply of this case.