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(영문) 인천지방법원 2018.01.10 2017나10251

건물(아파트)인도

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The plaintiff asserted that the plaintiff's appeal of this case to the court below prior to the merits was unlawful because it did not meet the requirements for subsequent completion of litigation.

In the case of service by public notice by the first instance court, "the time when the reason has ceased to exist" under Article 173 of the Civil Procedure Act means the time when the defendant was aware of the fact that the judgment was delivered by public notice, and further the fact that the judgment was delivered by public notice. In ordinary cases, it shall be deemed that the defendant became aware of the fact that the judgment was delivered by public notice only when the defendant read the records of the case or received the original copy of the judgment (see, e.g., Supreme Court Decision 97Da20410, Oct. 24, 1997). In a case where the defendant was aware of the fact that the judgment had been delivered by public notice and there are special circumstances to recognize the fact that it was naturally in light of social norms, it shall be deemed that the defendant had become aware of the fact that the judgment was delivered by public notice by public notice at the time when the ordinary time required for identifying the situation has lapsed and the reason for

(see, e.g., Supreme Court Decision 98Da43533, Feb. 9, 199). Moreover, the circumstances that there was no negligence in failing to observe the period of appeal due to the failure to know the pronouncement and service of the judgment, etc., should be asserted and proved by the parties who intend to complete the appeal.

(2) In the instant case, the Plaintiff filed the instant lawsuit and served the Defendant by means of public notice on the date of pleading of the instant complaint and the date of pleading of the first instance trial, and the judgment in favor of the Plaintiff was handed down on April 4, 2017, and the original copy of the judgment was also rendered.

4. The fact that it was served on the Defendant by public notice on July 28, 201 and the title of execution based on the judgment of the court of first instance on June 28, 2017.