가등기 및 근저당권설정등기 말소등기
1. Revocation of a judgment of the first instance;
2. The plaintiff's main claim is dismissed.
3.The ancillary costs as added by this Court.
1. In the first instance court’s determination as to the legitimacy of appeal for subsequent completion, all litigation documents, such as a copy of complaint against the Defendant and a notice of date for pleading, were served by public notice, and the pleadings have been proceeded. On October 18, 2016, the judgment rendered in favor of the Plaintiff was also served on the Defendant by public notice. The original copy of the judgment of the first instance court was also served on the Defendant by public notice. The Defendant was issued the original copy of the judgment upon his/her application for perusal and duplication on August 28, 2017, with the knowledge that the judgment was pronounced only when he/she was issued on September 6, 2017, with the knowledge that the said judgment was pronounced.
In such a case, it is reasonable to deem that the defendant was unable to observe the peremptory appeal period, due to failure to know the progress and result of the lawsuit in this case due to a cause not attributable to himself. Therefore, the subsequent appeal in this case filed within two weeks after such cause ceases to exist is lawful.
2. Judgment on the merits
A. The facts of recognition 1) C is the Defendant on April 9, 1997, and the real estate listed in attached Table 2 List 1 (hereinafter “instant real estate”).
The provisional registration of the right to claim transfer of ownership (hereinafter “the provisional registration of this case”) was made on July 30, 1996 by Busan District Court No. 28303, receipt of the Busan District Court’s private registry office, and the provisional registration of the right to claim transfer of ownership
(2) The real estate listed in Section 2 of the Schedule 2 (hereinafter referred to as “instant 2 real estate”).
As to the establishment registration of a mortgage (hereinafter “the establishment registration of a mortgage of this case”) with the debtor C and the maximum debt amount of KRW 100,000,000 on the ground of a contract to establish a mortgage as of April 8, 1997, which was received by the Busan District Court Northern District Court No. 24649, Busan District Court’s receipt
(2) On February 22, 2005, the Plaintiff received the Busan District Court Decision 2005Kadan6430 on February 25, 2005 on the first and second real estate of this case with the claim of KRW 30,000,000 against C as the preserved claim.