보증금반환
1. Revocation of the first instance judgment.
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
1. On May 25, 2017, after the first instance court served a copy of a complaint against the defendant, a notice of date for pleading, etc. against the defendant by public notice, and served on May 25, 2017, the court rendered a judgment accepting all the plaintiff's claims. The original judgment was served on the defendant by public notice on May 30, 2017. On February 12, 2018, the defendant became aware that the first instance court was served by public notice after serving the original copy of the order for seizure and collection of the claim No. 201310, Jun. 12, 2018, and around that time, the original judgment was served by public notice. The fact that the appeal of this case was filed on February 13, 2018 is obvious or clearly recorded in this court.
Therefore, the defendant could not comply with the peremptory appeal period, which is the peremptory period, due to a cause not attributable to himself, so the appeal of this case filed within two weeks from the date on which the judgment of the court of first instance became aware of the fact that it was served by public notice is lawful.
2. Judgment on the plaintiff's assertion
A. On March 15, 2015, the Plaintiff entered into a contract with the Defendant for the use of farmland of one million won per annual rent, five hundred thousand won per annum, and one year per lease term (hereinafter “instant lease contract”) with respect to the land owned by the Defendant (hereinafter “instant land”). On March 15, 2015, the Plaintiff paid one million won per annual rent and five million won per annum to the Defendant.
After that, the instant lease agreement was implicitly renewed, and on March 30, 2016, the Plaintiff paid KRW 500,000 to the Defendant the annual rent by March 15, 2017.
However, the Defendant filed a lawsuit against the Plaintiff on April 6, 2016 against the Daegu District Court 2016Kadan11032, but sold the instant land to D on August 18, 2016 and completed the registration of ownership transfer on September 28, 2016, and withdrawn the said lawsuit against the Defendant on October 21, 2016. The Plaintiff revoked the lawsuit against the Defendant on March 30, 2016.