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(영문) 대법원 2017.04.13 2016다274560

임대차보증금 반환 등

Text

The judgment below

The part concerning Defendant G is reversed, and this part of the case is remanded to the Panel Division of the Seoul Western District Court.

Reasons

The grounds of appeal are examined.

1. As to Defendant G’s ground of appeal

A. If a copy of the petition of appeal and the summons of the date of pleading were served by service by public notice to the appellant regarding the legitimacy of the appeal of this case, and the original copy of the judgment was also served by public notice, the appellee was deemed not aware of the fact that the appellate procedure was in progress, and barring any special circumstance, the appellee was unaware of the fact that the appellate procedure was conducted. In such a case, the appellee was unable to serve the judgment without fault. In such a case, the appellee was deemed to be unable to comply with the peremptory period due to a cause not attributable to him, and thus, the appellee was deemed to have failed to comply with the peremptory

(1) According to the records, the lower court’s judgment became final and conclusive on November 30, 2016, when it received the instant judgment from the Defendant Korean Licensed Real Estate Agent Association on May 30, 1997, and on September 15, 2015 (see, e.g., Supreme Court Decisions 95Da21365, May 30, 201; 201Da32509, Sept. 15, 2015).

Examining these facts in light of the legal principles as seen earlier, Defendant G appears to have failed to know the service of the lower judgment without negligence, and thus, it was impossible to observe the peremptory period due to any cause not attributable to it, and from the time the lower judgment was delivered by Defendant Korea Licensed Real Estate Agent Association and became aware of the fact.