건물인도
1. The appeal of this case shall be dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
1. Article 173(1) of the Civil Procedure Act concerning the subsequent completion of judgment on the legitimacy of the defendant's appeal refers to "reasons for which the party cannot be held liable" as stipulated in Article 173(1) of the Civil Procedure Act concerning the party's subsequent completion of judgment on the legitimacy of the lawsuit. In a case where documents of lawsuit cannot be served by means of ordinary means during the lawsuit proceedings and documents are served by service by public notice, it is different from the case where the documents of lawsuit are served by public notice from the service of the original copy of the complaint to the case where the lawsuit was served by public notice. Thus, if the party fails to investigate the progress of the lawsuit and fails to abide by the peremptory period, it cannot be said that the party is due to any cause for which the party is not liable.
(2) On October 11, 2012, the court of first instance rendered a first instance judgment on the date of pronouncement on June 22, 2016, and served a duplicate of the original complaint on March 17, 2016 on the Defendant’s domicile. However, in the instant case, the Defendant’s live together D was served on the Defendant’s duplicate of the complaint on March 17, 2016, and the writ of summons for the first date of pleading also served on the Defendant’s mother’s receipt on the same address as the Defendant’s mother was served on June 7, 2016. On June 15, 2016, the court of first instance concluded pleadings on the first date of pleading on June 22, 2016 and rendered the first instance judgment on the date of pronouncement on June 22, 2016. When the original copy of the judgment became impossible for the Defendant, it is evident that the Defendant filed an appeal on July 20, 2016 by means of service and served on the Defendant’s filing the instant appeal.
As above, as long as the first copy, etc. of the instant complaint was lawfully served on the Defendant, the Defendant’s failure to observe the period of appeal in accordance with the aforementioned legal doctrine is the Defendant’s responsibility.