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(영문) 대전지방법원 2015.10.16 2015나1084

임차료배분

Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. The following facts are apparent in the records:

Defendant B is the mother of Defendant C.

B. On March 7, 2013, the Plaintiff filed a lawsuit against the Defendants for the payment of the amount of KRW 1,90,000 and damages for delay thereof, and the amount of KRW 42,850 per month from February 27, 2013 to the date of the loss of possession of real estate listed in the attached list of the Defendants. The first instance court served a copy, etc. of the complaint as Defendant B’s address as Defendant B’s address, and as Defendant B’s address, the copy, etc. was served as Defendant B’s 101, 508, 107, and 1101, Dong-gu, Gwangju District Court, the address of Defendant C, which is Defendant B, as Defendant B’s address. On the other hand, Defendant C’s address received the copy, etc. of the complaint on April 2, 2013.

C. After that, on April 17, 2013, the Plaintiff revised the address of Defendant B to 102 Dong 520, 102, and the first instance court served the copy, etc. of the complaint as the corrected domicile but was impossible to serve as “closed absence.”

After that, on May 9, 2013, the first instance court served a copy of complaint and a notice of the first date for pleading on Defendant B, etc., and served a notice of the first date for pleading to Defendant C as the address of Defendant C’s domicile. On May 15, 2013, the notice of the date for pleading served on Defendant C as the domicile of Defendant C was served by F, a child of Defendant C, on the date for pleading.

E. On June 4, 2013, the Plaintiff revised the domicile of Defendant B to the same Gwangju Mine E apartment 107 Dong 1101 as that of Defendant C’s domicile, and the first instance court revoked the order of service by public notice to Defendant B on the first day of pleading opened on the same day.

F. After that, the first instance court served the Defendant B with a copy of the complaint, etc. as the second revised address, but it was impossible to serve as a “defluence absence,” and served on June 13, 2013, a copy of the complaint, a notice of the second date for pleading, etc. after issuing the second order to Defendant B by re-service.