근저당권말소
1. Revocation of a judgment of the first instance;
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
According to the records of this case, the court of first instance may acknowledge the fact that the defendant was issued the authentic copy of the judgment of the first instance on September 19, 2016 and became aware of the fact that the defendant was issued the authentic copy of the judgment of the first instance on December 7, 2015, by serving a notice of the date of pleading on the defendant by public notice and the date of pleading, and then served the plaintiff's claim on December 7, 2015.
According to the above facts, the defendant was unable to observe the period of appeal, which is a peremptory term, due to the defendant's failure to know the progress and result of the lawsuit in this case for reasons not attributable to himself.
Therefore, the appeal of this case filed within 2 weeks from September 19, 2016, which was known that the judgment of the first instance court was served by public notice, was filed by the Defendant by public notice, is a legitimate appeal that satisfies the requirements for the subsequent completion of the litigation, as the appeal of this case was filed within the lawful appeal period.
Basic Facts
The relationship between the plaintiff and the defendant is the eighth degree of relationship.
D as the plaintiff's father, died on November 11, 1997, E is the plaintiff's father, and F is the defendant's mother.
E, G, H, and I are the sixth degree of relationship.
On April 27, 1978, E, G, H, and I completed the registration of ownership transfer with respect to each 1/4 shares of Jin-gun, Chungcheongnam-do (hereinafter “J land”).
D On February 7, 1979, in accordance with the Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 3094), D completed the registration of ownership preservation with respect to the land of 1,445 square meters and the land of 1,187 square meters (hereinafter “K and L”) before Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun.
D sold K and L land to each other in December 1994.
Meanwhile, on August 12, 2004, the Plaintiff completed the registration of ownership transfer on the instant land.
On or around December 2006, the Plaintiff registered the ownership of the instant land in the name of J land and the Plaintiff’s assistance division from the Defendant’s mother F around December 2006.