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(영문) 서울고등법원 2015.08.19 2014나17857
양수금
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. Basic facts

A. On December 5, 2012, the Plaintiff filed an application with the Defendant for a payment order seeking the payment of the instant transfer money with Seoul Southern District Court 2012 tea22612, and the said court served the original copy of the payment order as the Defendant’s address, Daejeon Seo-gu B Apartment 201 Dong 2802, which is the Defendant’s address indicated in the written application for the payment order, but it was impossible to serve as “the addressee’s unknown”.

Accordingly, after June 1, 2006, the plaintiff revised the defendant's address, who is a U.S. citizen with the domestic domicile, to "Yong-gu Seoul Metropolitan City C apartment 908 Dong 1902", which is the place of residence residence report, and the above court served the original copy of the payment order to the address corrected, but the plaintiff was unable to serve the original copy of the payment order due to "director's unknown"

The plaintiff filed a lawsuit pursuant to Article 466(1) of the Civil Procedure Act, and accordingly, the above payment order application case was implemented as Seoul Southern District Court 2013Kahap4907, the first instance court of this case.

B. Meanwhile, the Plaintiff filed an application for provisional seizure of real estate in relation to the Daejeon Seo-gu B Apartment No. 501, 404, which was owned by the Defendant, with the instant claim as the claim for transfer money. On December 24, 2012, the Plaintiff received a decision on provisional seizure of real estate ( Daejeon District Court 2012Kahap1377).

On March 6, 2013, the Defendant filed an application for the order of provisional seizure against the said real estate with his/her address “Seongsung-gu B apartment 201 Dong 2802, Daejeon, Daejeon, and received the order of lawsuit on March 7, 2013 (Seong District Court 2013Kahap442).

On March 14, 2013, the original copy of the above order was served only on the Plaintiff, and the Defendant was unable to serve on the Defendant as the “not known person receiving the order,” and the Defendant’s address, the applicant for the order of lawsuit, was corrected as “Seongsung-gu B apartment 501 Dong 404, Daejeon, and the decision of correction was issued.” On March 25, 2013, the original copy of the decision of correction

C. On March 20, 2013, the Plaintiff, who was ordered by the court of first instance to correct the Defendant’s address, was Daejeon, a certified copy of the decision of correction of the order to file a lawsuit, served as above.

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