건물인도 등
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
The plaintiff's assertion on the legitimacy of the appeal for subsequent completion is attributable to the defendant as to the failure to observe the period of appeal by submitting a written appeal for subsequent completion after being served only by public notice by public notice by the court of first instance, and being served only by public notice by the court of first instance. Thus, the defendant's appeal for subsequent completion is unlawful.
At the time when the defendant's argument F received the duplicate of the complaint at the domicile of the defendant representative G, G was in a separate state from F, and F did not separately deliver the litigation documents to G or inform G of the arrival.
Therefore, it cannot be said that the defendant was negligent in failing to observe the appeal period, and immediately after the defendant became aware of the fact that the judgment of the court of first instance was rendered, the defendant's appeal for the subsequent completion of appeal is lawful.
Facts of recognition
In full view of the records and the purport of the entire pleadings of this case, the following facts can be acknowledged.
On August 7, 2013, the Plaintiff filed the instant lawsuit against the Defendant at the court of first instance. The court of first instance served two copies of the instant complaint on the fifth floor of the Gangnam-gu Seoul, Seoul, the location of the Defendant’s principal office as indicated in the complaint, on which the director was unknown.
On September 27, 2013, the Plaintiff submitted an application for amendment of the purport of the claim, and on October 22, 2013, the Plaintiff revised the Defendant’s delivery address as the Defendant’s address I, 106 Dong 102, under the order to revise the address of the court of the first instance on October 22, 2013.
On October 23, 2013, the court of first instance sent a copy of the complaint, a written application for modification of the purport of the claim, and a written guidance for litigation at the address of the Plaintiff’s correction, and on October 29, 2013, G’s spouse F received the documents of the lawsuit as a person living together, at the address of the Plaintiff’s correction.
After that, the court of first instance may serve a notice of the sentencing date on the defendant's domicile.