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(영문) 서울중앙지방법원 2015.07.22 2015나20796
가계약금반환
Text

1. The defendant's appeal is dismissed.

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

b) purport of the claim and appeal;

Reasons

Facts of recognition

The records show the following facts.

On May 23, 2008, the Plaintiff filed the instant lawsuit against the Defendant. On July 1, 2008, the court of first instance served a copy of the complaint and a written guidance of lawsuit with "Seoul Jung-gu 501 (hereinafter "the instant address"), which is the Defendant's domicile, on July 1, 2008, and the Defendant's child D received it as the Defendant's cohabitant on July 3, 2008.

On August 18, 2008, the court of first instance served a notice of the date of pleading on the domicile of this case, and received D on August 20, 2008 as a cohabitant by the defendant on August 20, 2008.

On September 3, 2008, the court of first instance, upon the defendant's failure to submit a written response, closed the pleadings and served the notice of the sentencing date on the domicile of this case, and dealt with the service of the notice to the defendant by sending the notice to the defendant who would not be served due to the addressee's unknown address

On October 1, 2008, the court of first instance rendered a judgment accepting the Plaintiff’s claim on October 1, 2008, and served the original copy of the judgment on October 15, 2008 with the domicile of this case on October 15, 2008. The service of the original copy of the judgment to the Defendant on December 23, 2008, by means of service on December 8, 2008, which was not served due to the absence of a closed text.

On January 13, 2015, the Defendant inspected the authentic copy of the judgment of the first instance court, and filed an appeal for subsequent completion on the same day.

The plaintiff's assertion on the legitimacy of the appeal for the subsequent completion is unlawful, since the defendant of this case's main safety defense was lawfully served without using a copy, etc. of the complaint of this case by service by public notice, and the defendant submitted a written appeal for subsequent completion with the lapse of the period of appeal after being served only by public notice by public notice by the court of first instance.

Around May 2005, the defendant asserted that he resided in Mapo-gu Seoul, Seoul, and went away from his house to his house. He was aware of the fact that he was able to go out of his house and moved in the domicile of this case.

The defendant's son D is still receiving the court registration mail.

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