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(영문) 서울동부지방법원 2019.11.29 2019나892

중개수수료

Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

1. Purport of the claim.

Reasons

1. If a copy of the complaint, original copy, etc. of the judgment were served by means of service by public notice, barring any special circumstance, the defendant was unaware of the service of the judgment without negligence, and in such a case, the defendant was unable to comply with the peremptory period due to a cause not attributable to him/her and thus, he/she is entitled to file an appeal for subsequent appeal within two weeks after such cause ceases to exist

Here, the term “after the cause has ceased” refers to the time when a party or legal representative becomes aware of the fact that the judgment was rendered by public notice, rather than the time when the party or legal representative becomes aware of the fact that the judgment was served by public notice. Thus, barring any special circumstances, it shall be deemed that the party or legal representative becomes aware of the fact that the judgment was served by public notice only when he/she

(See) The court of first instance rendered a judgment that fully accepts a claim against the Defendant on December 20, 2017, by serving a copy of the complaint and the notice of the date for pleading by public notice, on January 10, 2013 (see, e.g., Supreme Court Decision 2010Da7504, 75051). The fact that the original copy of the judgment was served on the Defendant on December 23, 2017 by means of service by public notice, and that the Defendant was aware of the fact that the original copy of the judgment was served on the Defendant on March 29, 2019 by serving the original copy of the judgment by public notice upon the Defendant’s request for perusal and duplication at this court, and that the Defendant was aware of the fact that the original copy of the judgment was served on April 2, 2019 by public notice by public notice

According to the above facts, the defendant was unable to observe the peremptory appeal period due to a cause not attributable to the defendant, and filed a subsequent appeal within two weeks from the time the cause ceases to exist. Thus, the subsequent appeal of this case is lawful.

2. Basic facts

A. On April 22, 2017, the Defendant and the Gangdong-gu Seoul Metropolitan Government D Land and Building owned by the Defendant (hereinafter “instant real estate”).