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(영문) 인천지방법원 2018.11.07 2018나56087
토지인도
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 process of the instant lawsuit: (a) the Defendant was served with a copy of the instant complaint on January 16, 2015; (b) the first instance court served the Defendant a notice of the date for pleading on February 5, 2015; (c) the Defendant was absent on the first instance court’s date for pleading on March 5, 2015; (d) the first instance court served the Defendant a notice of the date for pleading; (e) the Defendant was served with a notice of the date for pleading on February 17, 2015; and (e) the Defendant was absent on the date for pleading of the first instance court on March 5, 2015; (e) the first instance court served the Defendant the notice of the date for pronouncement on March 18, 2015; and (v) the Defendant did not appear to serve the original copy on March 26, 2015; and (vii) the Defendant did not appear to have been served with the original copy on March 18, 2015.

2. Determination on the legitimacy of a subsequent appeal

A. The defendant's assertion was known of the fact that the lawsuit in this case was in progress, and asked the plaintiff's employee to the plaintiff, but he believed that "the plaintiff's employee is not negoy," and he believed that he was not negoy, so it constitutes a case where the defendant could not comply with the appeal period due to a cause not attributable to the defendant.

B. Determination 1: (a) the legitimacy of the appeal for subsequent completion shall be determined based on whether the appeal period is due to a cause not attributable to the appellant; and (b) where the document of the lawsuit is served lawfully and the lawsuit is inevitable by service by public notice due to the impossibility of being served while the lawsuit is in progress, from the service of the copy of the first complaint to the service by public notice.

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