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(영문) 부산지방법원 2019.06.20 2017나7139
소유권이전등기절차이행 등
Text

1. Revocation of a judgment of the first instance;

2. All of the plaintiff's claims are dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. If a copy of a written complaint for determination as to the legitimacy of an appeal for subsequent completion, and the original copy of the judgment, etc., were served by public notice, barring any special circumstance, the defendant was unaware of the service of the judgment without negligence, and in such a case, the defendant was unable to observe the peremptory period due to a cause not attributable to himself/herself and thus, he/she is entitled to file an appeal for subsequent completion within two weeks (30 days if the cause ceases to exist in a foreign country

Here, the term “after the cause has ceased” refers to the time when a party or legal representative becomes aware of the fact that the judgment was delivered by public notice, instead of simply knowing the fact that the said judgment was delivered by public notice. Barring any other special circumstances, it shall be deemed that the party or legal representative becomes aware of the fact that the judgment was served by public notice only when the party or legal representative inspected the records of the case or received the original

(2) In light of the foregoing legal doctrine, the court of first instance against the Defendant is clearly aware of the fact that the Defendant submitted a petition of appeal to the court of first instance on September 1, 2017, when the original copy of the judgment was issued on September 1, 2017. (3) The fact that the Defendant submitted a petition of appeal to the court of first instance on September 1, 2017, when the original copy of the judgment was issued on September 1, 2017.

According to the above facts, the defendant failed to observe the period of appeal due to a cause not attributable to the defendant unless there are special circumstances, and filed a subsequent appeal within two weeks from the time when such cause ceases to exist. Therefore, the defendant's subsequent appeal is lawful.

2. Basic facts

A. The Defendant is a corporation established for the purpose of real estate development business, etc., and E and F are the Defendant from April 15, 2015 to May 18, 2016.

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