매매대금
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.
1. Review of the record on the legitimacy of a subsequent appeal reveals the following facts.
In the first instance trial, the instant complaint and the notice of date for pleading against the Defendant were served by public notice, and the pleading was proceeding, and the judgment was rendered in favor of the Plaintiff on January 16, 2007, and the original judgment was also served on the Defendant by public notice.
On March 24, 2016, the Defendant was aware of the progress of the instant pleadings and the pronouncement of the judgment. On April 1, 2016, 2016, the Defendant filed an appeal to the instant case on April 1, 2016, by serving a notice of commencement of compulsory execution procedures on the credit information company, which was delegated by the Plaintiff to collect claims, by means of content-certified mail, and became aware of the said judgment.
In such a case, it is reasonable to deem that the defendant was unable to observe the final appeal period, as he was unaware of the progress and result of the lawsuit in this case due to a cause not attributable to himself, barring any special circumstances.
Therefore, the appeal of this case is lawful.
2. The Plaintiff sought payment of the purchase price against the Defendant in this case, but there is no evidence to acknowledge this.
The records of the first instance trial are already discarded after the preservation period has already been expired before the defendant's legitimate appeal for completion, and the evidence submitted by the plaintiff cannot be present at present, and as a result, the first instance court, which is a small-sum case, is proceeding by service by public notice, is not stated the end of reasons in the judgment of the first instance.
The plaintiff is not only in a state in which the plaintiff is unable to respond to the defendant's arguments and to state his/her opinion on the method of evidence after being served with the petition of appeal, the statement of grounds of appeal, etc. by public notice at the trial, but also in
3. Thus, the plaintiff's claim of this case is dismissed as it is without merit, and the judgment of the court of first instance is different.