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(영문) 대전지방법원 2016.12.15 2016나103277
공유물분할
Text

1. Defendant B’s appeal shall be dismissed;

2. The costs of appeal shall be borne by Defendant B.

Purport of claim and appeal

1...

Reasons

Unless there are special circumstances, the defendant was not aware of the service of the judgment without negligence if a copy of a complaint of legal principles related to the legitimacy of the appeal for subsequent completion, and the original copy of the judgment, etc. were served by service by public notice. In such a case, the defendant was unable to observe the peremptory period due to a cause not attributable to him, and thus the defendant is entitled to make an appeal for subsequent completion within two weeks from the date on which such cause ceases to exist. "the date on which 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 became aware of the fact that the judgment was served by public notice (see, e.g., Supreme Court Decision 2007Da39734, Sept. 6, 2007). In addition, if the defendant knew of the fact that the judgment was served by public notice and there are special circumstances to automatically recognize the fact that the judgment was served by public notice by public notice, and it is reasonable to deem that the cause not attributable

(3) In light of the above legal principles, if a party is unable to perform his/her duties by means of public notice, then he/she cannot perform his/her duties by means of public notice, it is deemed that the party cannot perform his/her duties by means of public notice. In light of the above legal principles, if the party fails to perform his/her duties without examining the progress of the lawsuit, it shall be deemed that the party cannot perform his/her duties by means of public notice. Thus, if the party fails to perform his/her duties without examining the progress of the lawsuit, it shall be deemed that the party cannot perform his/her duties by means of public notice.

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