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(영문) 서울고등법원 2016.12.22 2016나11174

매매대금 등

Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

purport.

Reasons

The main text of Article 173(1) of the Civil Procedure Act regarding the legitimacy of the appeal of the instant case provides, “If a party is unable to observe the peremptory period due to any cause not attributable to him/her, he/she may supplement the litigation by neglecting it within two weeks from the date such cause ceases to exist.”

Meanwhile, barring any special circumstance, the defendant was not aware of the service of the judgment without negligence if the copy of the complaint, the original copy of the judgment, etc. were served by public notice. In such a case, the defendant was unable to observe the peremptory term due to a cause not attributable to him and thus the defendant is entitled to file a subsequent appeal within two weeks after such cause ceases to exist. "after the cause ceases to exist." "after the cause ceases to exist" "after the cause ceases to exist" refers to the time when the party or legal representative becomes aware of the fact that the judgment was served by public notice, rather than the time when the party or legal representative becomes aware of the fact that the judgment was served by public notice, barring any special circumstance. Thus, in ordinary cases where the party or legal representative was to peruse the records

(2) According to the reasoning of the lower court’s judgment, the Defendant submitted the instant written appeal for the subsequent completion on July 21, 2016 to the first instance court on January 10, 2013 (see, e.g., Supreme Court Decision 2010Da75044, 75051). According to the records, following the service of a duplicate of the complaint of the first instance court, notification of the date of pleading, etc. by public notice, was concluded on April 10, 2015, and the pleadings were also concluded on April 10, 2015, and the original copy of the judgment was also served on the Defendant by public notice on April 25, 2015. On July 5, 2016, the Defendant requested the issuance of the original copy of the judgment to the first instance court on the same day, and submitted the original copy of the judgment to the first instance court on July 21, 2016.