매매대금반환
1. On January 24, 2017, the Plaintiff’s instant lawsuit against the Defendant was concluded as the withdrawal of the Defendant’s appeal.
2...
Basic Facts
The following facts are significant or obvious to this court in terms of records:
The first instance judgment of this case was sentenced on August 25, 2016.
After receiving the above judgment on August 30, 2016, the defendant's attorney at the first instance court submitted a petition of appeal on September 7, 2016.
On October 17, 2016, this Court served the Defendant with an order to make a tiny, and the above order was returned to this Court on the ground that there was no person entitled to receive the service due to the closure, despite the visit to the apartment at the defendant's domicile at least three times by the mail carrier.
Accordingly, on November 2, 2016, this Court sent to the defendant a written order for the preparation of seat by registered mail, and the order for the preparation of seat was sent to the defendant on November 3, 2016.
On November 16, 2016, this Court served a notice of the first date for pleading on the Defendant’s domicile as an apartment building at the Defendant’s domicile, and the said notice of date for pleading was returned to this Court on the ground that there was no person who is able to receive the service by being closed despite the visit of the Defendant’s apartment at least three times by
Accordingly, on November 28, 2016, this Court sent a notice of the first date for pleading to the Defendant, and sent the notice of the date for pleading to the Defendant on November 29, 2016.
The defendant was absent on the date of the first pleading of the trial ( December 9, 2016). The plaintiff and the plaintiff's attorney were present on the date of the first pleading, but they did not present at the hearing.
On December 9, 2016, this Court served a notice of the second date for pleading on the defendant's domicile, and the defendant received the notice of the second date for pleading on December 14, 2016.
The Defendant was absent on the date of the second pleading ( December 23, 2016), and the Plaintiff and the Plaintiff’s attorney were present on the date of the said pleading, but did not present any pleadings.
On May 4, 2017, the defendant submitted an application for designation of the date for pleading after the second date for pleading.
Judgment
According to the above facts of recognition as to whether to withdraw an appeal, this case is Article 268(4) and (3) of the Civil Procedure Act.