건물명도 등
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
purport.
1. We examine, ex officio, whether the appeal of this case is lawful or not, ex officio, as to whether the appeal of this case is lawful.
A. The following facts are significant or apparent in records in this Court:
1) On August 22, 2016, the Plaintiff filed the instant lawsuit against the Defendant at the first instance court. The first instance court served a duplicate of the complaint, a written guidance for litigation, and a written reply on the Defendant’s domicile on the Gyeong-gun, Gyeong-gun, Busan-gun, the Defendant directly received it at the above address on October 5, 2016. (2) The Defendant did not submit a written response by November 4, 2016, which is the deadline for submission of the written response, and the first instance court sent the written notice to the Defendant on November 21, 2016, and the Defendant directly received it at the above address on November 23, 2016.
Since then, the first instance court sentenced the judgment on December 20, 2016, and the defendant received the authentic copy of the judgment in the above domicile on December 23, 2016.
3) On January 31, 2017, the Defendant filed an appeal for the instant subsequent completion on the following grounds: (a) the term “reasons for which a party cannot be held liable” under Article 173(1) of the Civil Procedure Act, which is a provision on the lawful requirements of the appeal for subsequent completion, refers to the grounds for failing to comply with the period, even though the party had exercised generally required care to conduct the said procedural act (see, e.g., Supreme Court Decision 2006Da3844, Mar. 10, 2006). The Defendant did not properly recognize the instant case due to the age of 75 years to lack of recognition; and (b) the Defendant asserted that it failed to respond to the instant case due to the misunderstanding of the instant case, such as the order for delivery of real estate of Jinwon Branch Branch Branch Branch Branch, which was applied by the Plaintiff.
However, as seen earlier, if the defendant received the original copy and the original copy of the complaint of this case directly, he would have been able to observe the period, and the appeal period, which is the peremptory period, due to the reasons for which the defendant cannot be held responsible, is the peremptory period.