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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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Reasons
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(영문) 서울고등법원 2015.10.15 2014나40857
부당이득금반환 등
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1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

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

Reasons

1. Judgment on the legitimacy of the defendant's subsequent appeal

A. On April 2014, the Defendant applied for an order to file a lawsuit against the Defendant regarding the provisional seizure issued by the Plaintiff, and was waiting for the Plaintiff to file a lawsuit on the merits of the provisional seizure. At that time, the Plaintiff was unaware of the fact that the Plaintiff had already filed the lawsuit against the Defendant.

In addition, on July 23, 2014, the defendant was aware of the fact that he had investigated the present state of auction in the Goyang branch court of the Jung-gu District Court and sentenced the judgment of the court of first instance.

Therefore, the appeal filed by the defendant as of July 23, 2014 constitutes a case where the defendant is unable to observe the period of appeal due to a cause not attributable to him/her, and thus, the appeal subsequently completed by the defendant is lawful.

B. Comprehensively taking account of the overall purport of evidence Nos. 8-1 and 2-1 and the arguments, the Plaintiff filed a lawsuit against the Defendant on May 29, 2013 with the Seoul Central District Court for seeking payment of the amount of unjust enrichment return, etc. The court of the first instance, which is the legal ground of the first instance, concluded the lawsuit by serving a copy of the complaint on the Defendant by public notice, and concluded the lawsuit on May 9, 2014. On May 23, 2014, the court rendered a favorable judgment against the Plaintiff on the receipt of the Plaintiff’s claim against the Defendant. The judgment was served by public notice on the Defendant. ② On April 14, 2014, the Defendant filed a lawsuit against the Plaintiff on April 14, 2014 as the above court’s order to file a lawsuit against the Plaintiff on the provisional seizure case (No. 2012Kadan45599, the above court ordered the Plaintiff on April 21, 2014.

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