(영문) 대구지방법원 2018.03.14 2017나10624

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 2018.03.14 2017나10624

건물명도

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. Determination as to the legitimacy of the subsequent appeal of this case

A. The Plaintiff’s defense prior to the merits is the defense prior to the merits that the appeal of the instant case was filed after the lapse of the appeal period, and thus unlawful.

(b)The following facts in fact of recognition are apparent in, or obvious to, the record:

1) The Plaintiff filed the instant lawsuit against the Defendant on May 11, 2010, and the Defendant received the instant complaint directly from the Defendant’s domicile on May 19, 2010. (2) The Defendant did not submit a written reply, etc. within 30 days after receiving the instant complaint, and the first instance court served the Defendant with the notice of the sentencing date as his domicile, but the said notice was sent to the Defendant on July 7, 2010, and was sent on July 9, 2010.

3) On July 15, 2010, the first instance court rendered a judgment accepting the Plaintiff’s claim. On July 21, 2010, the original copy of the first instance judgment was served on the Defendant’s domicile but was not served as a closed door, and on August 6, 2010, the original copy of the said judgment was served by means of service by public notice, and its service became effective at the time of August 20, 2010. 4) The Defendant filed an appeal for subsequent completion on November 10, 2017.

C. As stated in Article 173(1) of the Civil Procedure Act, the phrase “reasons for which a party is not liable” refers to the reason why the party could not comply with the period even though he/she fulfilled his/her duty of care to conduct the procedural acts. In cases where the document of lawsuit cannot be served by means of ordinary means during the process of litigation and served by public notice, the document of lawsuit cannot be served by means of public notice shall be served by public notice from the first written complaint to the case where the lawsuit was served by public notice, and thus, the party is obliged to investigate the progress of the lawsuit. Thus, if the party fails to investigate the progress of the lawsuit

참조조문

-민사소송법 제173조 제1항

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