logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2021.02.18 2019나54312
건물명도(인도)
Text

The appeal against the principal lawsuit by the Defendant (Counterclaim Plaintiff) is dismissed.

Defendant (Counterclaim Plaintiff) filed by this Court.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

First of all, the determination on the legitimacy of the subsequent appeal is based on the following facts: (a) if the service of the decision was made by means of public notice service on the legitimacy of the subsequent appeal; (b) the defendant was not aware of the service of the decision without fault unless there are special circumstances; and (c) in such a case, the defendant was unable to comply with the peremptory period due to a cause not attributable to him/her, and thus, (d) the defendant may file a subsequent appeal within two weeks after the date of the failure to comply with the peremptory period; (b) the "after the absence of a cause" refers to the time when the party or legal representative was not simply aware of the fact that the decision was made; and (c) the fact that the decision was served by means of public notice service was received by the party or legal representative, barring any special circumstances, when the party or legal representative inspected the records of the case or received the new decision by means of public notice.

In full view of the description of evidence No. 1 and the overall purport of the facts and changes in the evidence No. 2010Da75044, 75051, Jan. 10, 2013, etc., the first instance court rendered a judgment that fully accepts the Plaintiff’s claim on February 12, 2019, and then delivered it to the Defendant by means of public notice on February 13, 2019, after serving a duplicate of the complaint and notice of the date of pleading on the Defendant by public notice, and serving the Defendant on the date of public notice. The Defendant becomes aware that the first instance court was sentenced to the judgment and served on the Defendant by means of public notice upon receipt of the authentic copy of the first instance judgment on March 18, 2019, and the Defendant raised an appeal of this case on March 27, 2019 before two weeks have elapsed from that time.

Thus, the defendant did not know the progress and result of the lawsuit of this case for reasons not attributable to himself.

arrow