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(영문) 서울서부지방법원 2021.01.14 2020나48144

등록사항정정 승낙 의사표시

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The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

The purport and purport of the appeal

1. The purport of the claim;

Reasons

1. If the main copy of the complaint as to the legitimacy of the subsequent appeal and the main text of the ruling, etc. are served by the method of public notification, the defendant was not aware of the service of the judgment without negligence, barring any special circumstances. In such a case, the defendant was unable to observe the peremptory period due to a cause not attributable to him/her and thus, he/she may file an appeal for subsequent completion within two weeks after the fact is dismissed.

Here, the term “after the truth due to the absence of any reason” refers to the time when a party or legal representative becomes aware of the fact that a judgment was rendered by means of public notice service, and furthermore, the fact that the judgment was served by either party or legal representative, barring any special circumstance, was served by means of public notice service only when the party or legal representative inspected the records of the case or received a new judgment in the absence of any other special circumstance.

In light of the above legal principles, the court of first instance rendered a judgment in favor of the plaintiffs on April 22, 2020, after serving a copy, etc. of the complaint on the defendant on the defendant's resident registration to the address on the defendant's resident registration, and serving the copy, etc. on the defendant as a public notice to the public notice, but not on the defendant's resident registration, and then serving on the defendant on the defendant on April 23, 2020. The original judgment was served on the defendant by serving public notice on April 23, 2020, and the defendant applied for perusal and duplication of the records of the case after receiving the first instance judgment on September 18, 2020, and on September 24, 2020, the fact that the appeal of this case was filed on September 24, 2020 is clear.

According to this, the defendant could not observe the period of appeal due to a cause not attributable to him, and the defendant filed an appeal for the subsequent completion of appeal of this case within two weeks from the time when the cause has ceased to exist. Therefore, the appeal for the subsequent completion of appeal of this case is lawful.

2. Judgment on the merits

A. On July 5, 1977, G acquired ownership of 218,876 square meters of forest land in Jung-gu, Daejeon, Jung-gu, Daejeon, and the above.