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(영문) 전주지방법원 2018.06.22 2017나13062
건물명도(인도)
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. The fact that the court of first instance rendered a judgment citing the Plaintiff’s claim after serving a copy of the complaint against the Defendant, a notice of date for pleading, etc. on the Defendant by public notice, and then serving the Defendant by public notice, the original copy of the judgment of the first instance was also served on the Defendant by public notice, and the Defendant was aware of the fact that the judgment of the first instance was pronounced on November 1, 2017, and the fact that the Defendant submitted a written appeal for subsequent completion to the court of first instance on November 2, 2017 is apparent.

If there are some circumstances, the defendant could not comply with the peremptory period due to a cause not attributable to the defendant, and the defendant filed a subsequent appeal within 2 weeks from November 1, 2017, which became aware of the fact that the judgment of the first instance was served by public notice. Thus, the defendant's subsequent appeal is lawful.

2. Judgment on the merits

A. 1) On May 24, 1993, the Plaintiff purchased from D on May 24, 1993 a 192 square meters for the elderly welfare facility (hereinafter “instant real estate”), and completed the registration of ownership transfer under the Plaintiff’s name on May 25, 1993. After completing the registration of ownership transfer on the Plaintiff’s name, the Plaintiff completed the registration of ownership preservation under the Plaintiff’s name on May 4, 1995 as part of the elderly welfare project, etc. (hereinafter “instant real estate”). The Plaintiff provided a group B with 102 square meters out of the first floor of the instant building (hereinafter “instant real estate”). Based on Article 27 of the Public Property and Commodity Management Act, Article 27 (Entrustment of Administration) of the Public Property and Commodity Management Act (hereinafter “administrative property management entrustment”) based on Article 20 of the former City Ordinance on Public Property Management, the head of a local government may entrust the management of administrative property to a person other than a local government, as prescribed by Presidential Decree.

(2) Any person who is entrusted with administration of administrative property under paragraph (1) shall be deemed a person who has obtained permission to use or profit from the relevant administrative property under Article 20.

co-owned property at Jeonju.

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