건물명도(인도)
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. Determination on the legality of the subsequent appeal
A. The facts under the recognition are recognized by the records of the instant case or are significant in this court.
1) On November 22, 2017, the Plaintiff filed the instant lawsuit seeking the name map of a building, etc., and entered the Defendant’s address in the complaint as “F company located in Sin Sin Sin Sin Sin Sin Gu”, and the court of first instance served the duplicate, etc. of the complaint to the said address. On December 6, 2017, G, presumed to be the Defendant’s work partner fee, received the complaint. (2) Nevertheless, the Defendant did not submit the written reply or the briefs, etc., and the court of first instance served the Defendant with the notice of the date of pronouncement of a non-litigation to the said address on March 2, 2018, and received the foregoing G on March 7, 2018, and the court of first instance sentenced the judgment of the first instance that accepted the Plaintiff’s claim on April 4, 2018.
3) On April 11, 2018, the court of first instance served the original copy of the judgment on the Defendant, but did not serve the original copy on the ground of director’s unknown, and on April 19, 2018, served it by public notice and became effective on May 4, 2018. 4) Meanwhile, on July 27, 2018, the Plaintiff filed with the Defendant an application for confirmation of the amount of litigation costs regarding the judgment of the first instance (U.S. District Court subsidies 2018Ka-si20256) against the Defendant, and the said court sent a peremptory notice to the Defendant on August 3, 2018, but was unable to serve it as the addressee’s unknown on August 13, 2018.
Accordingly, the Plaintiff revised the Defendant’s address to “Seoul Seocho-gu,” and served the said court once again to the said address, the Defendant himself received it on August 28, 2018, and the original copy of the decision on the above application case was received by the security guard I on November 8, 2018.
5) On April 8, 2019, the Defendant submitted a written appeal for subsequent completion to the court of first instance on April 8, 2019. (b) Determination 1) The “reasons for which a party cannot be held liable” under Article 173(1) of the Civil Procedure Act refers to the period, notwithstanding the party’s due care to conduct procedural acts.