사해행위취소등
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
3. Judgment of the court of first instance No. 1-B.
1. Determination on the legitimacy of a subsequent appeal
A. On April 20, 2016, the Plaintiff filed a lawsuit against the Defendant that the sales contract concluded between the Defendant and C ought to be revoked as a fraudulent act (Yancheon District Court Branch Decision 2016Gadan9485), and entered the Defendant’s address in the complaint as “Yancheon-gu L Apartment and 102 Dong 602 (hereinafter “instant address”).” 2) The first instance court sent the copy of the complaint to the instant domicile, and K, who is the son’s children, received it on May 16, 2016.
3) The first instance court: (a) deemed that the Defendant led to the confession of the fact that the Defendant did not submit a written response; (b) without holding any pleadings, designated the sentencing date and sent a written notice of pronouncement; (c) served it by means of dispatch and delivery, in order to have it served on the date of pronouncement, but not served on the grounds of the absence of closure. (d) The first instance court rendered a favorable judgment on the date of pronouncement, and served the original copy of the judgment to the Defendant on August 18, 2016, but did not serve on
5) On November 9, 2016, after the expiration of the appeal period, the Defendant filed an appeal for subsequent completion on November 9, 2016.
B. In principle, delivery of documents is to be made at the place of service (Article 178(1) of the Civil Procedure Act). However, if a person to receive documents is not present at the place of service other than the place of service, documents may be made to his/her office worker, employee, or person living together with the same household as the person to receive documents (Article 186(1) of the Civil Procedure Act). A person living together with the same household as a person who actually lives together with the person to receive documents is sufficient, and there is no need to have legal relationship or belong to the same household on the resident registration.