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(영문) 의정부지방법원 2016.09.23 2016나2308

배당이의

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. The plaintiff, as to the legitimacy of the appeal for subsequent completion, asserts that the appeal for subsequent completion in this case by the defendant is unlawful, so if the appeal for subsequent completion in this case was served by means of service by public notice, barring special circumstances, the defendant was not aware of the service of the judgment without negligence. In such a case, the defendant falls under the case where it is impossible to observe the peremptory period due to a cause not attributable to him/her, and thus, the appeal for subsequent completion may be filed within two weeks after such cause ceases to exist.

Based on the above legal principles, the court of first instance and the court of first instance delivered a copy of the complaint of this case against the defendant to "Seoul E and second floor", which is the defendant's address, but when it was impossible to serve the plaintiff with an order to correct address, and then served the plaintiff again to "Seoul E and second floor", which is the corrected address, the defendant was unable to serve with the notice of the date of pleading by public notice, and sentenced the first instance court that accepted the plaintiff's claim on January 14, 201, and the original copy of the judgment was also served to the defendant by public notice. The defendant submitted the appeal of this case to the defendant on December 23, 2015, which became aware of the fact that the court of first instance was sentenced to by public notice. In light of the above recognized facts, since the defendant did not know of the continuation of the lawsuit of this case from the beginning and served the original copy by public notice, the defendant did not know the defendant of the judgment without fault, and therefore, the defendant did not know the facts that the judgment of this case was unlawful.

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