건물명도(인도)
The request for retrial is dismissed.
The litigation costs for retrial shall be borne by the defendant.
The grounds for request for retrial shall be examined.
Article 429 of the Civil Procedure Act and Article 5 of the Act on Special Cases Concerning the Procedure for Appeal on the Grounds that the Supreme Court did not state the grounds for final appeal and did not submit a statement of grounds for final appeal within the statutory period on May 3, 2018, the summary of the grounds for final appeal by the Defendant (hereinafter “Defendant”) is that there exists grounds for final appeal under Article 451(1)3 of the Civil Procedure Act.
Article 186(1) of the Civil Procedure Act provides that when a person on service has not been present at the place of service other than his/her place of service, documents may be delivered to his/her office worker, employee, or cohabitant (hereinafter “office worker, etc.”) who has intelligence to make reasonable judgment.
Service shall be effective even if a document to be served is served on a person's office worker, etc. and his/her cohabitant, etc. has an intelligence to make reasonable judgment, and a person to be served was not actually aware of the content of the document.
(2) According to the records, the Defendant entered the address in the petition of appeal as “Catch I”, and received the notification of the Supreme Court’s receipt of the notification of the receipt of the notification of the notification of the receipt of the notification of the notification of the receipt of the notification of the Supreme Court at the place above on May 3, 2018. However, on April 20, 2018, the J received a certified copy of the order to pay the stamp and the delivery charge at the place above, and the Defendant submitted the correction of the payment of the stamp and the delivery charge on April 23, 2018 at the place above. In addition, the J also received the notification of the date of pleading on January 11, 2018 and the notification of the receipt of the notification of the notification of the notification of the notification of the receipt of the notification of the notification of the notification of the notification of the notification of the receipt of the notification of the notification of the notification of the notification of the notification of the receipt of the notification of the notification of the notification of the notification