건물인도 등
1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1.
1.The following facts of recognition shall be apparent in the records or significant to this Court:
Plaintiff
On December 9, 2016, the Defendants filed the instant lawsuit against the Defendants. On January 10, 2017, Defendant B received service of a copy, etc. of the instant complaint sent to the Defendants from Gangseo-gu Seoul Metropolitan Government I Apartment and Dong 104-1503, the Defendants’ domicile.
B. The court of first instance served the notice of the sentencing date on the Defendants’ above address, but served the said documents by means of delivery of the notice to the Defendants who did not serve as a closed door, which was sent on February 21, 2017.
In addition, on March 27, 2017, the court of first instance served the original copy of the judgment of this case as the defendants' domicile, but did not serve the original copy due to the absence of closure.
C. From April 11, 2017 to February 13, 2018, the Defendants submitted the instant written appeal for the subsequent appeal to the extent that the two weeks much much much much much much, which was the delivery of the original copy of the judgment of the first instance court.
2. Determination on the legitimacy of a subsequent appeal
A. As the delivery by registered mail by the legality of the delivery is carried out at the same time by a junior administrative officer, who is an agency in charge of the delivery, the delivery shall be made by itself, and the place, date, etc. of the delivery shall be specified in the prescribed form, but the document shall be accompanied by a special mail receipt issued by the post office with the case number specified. Such document shall be accompanied by the special mail receipt issued by the post office with the case number specified. Since the date and time of the delivery is important due to the relationship with the effect of the delivery at the time of the delivery, and the certification of the date and time of the delivery shall be based on the special mail receipt issued by the post office with the fixed date, the delivery by the service report without the special
(see, e.g., Supreme Court Order 9Ma7663, Jan. 31, 2000). However, Article 187 of the Civil Procedure Act provides “a service may be made in accordance with the provisions of Article 186.”