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(영문) 수원지방법원 2018.05.25 2017나12834
건물명도등
Text

1. The supplementary appeal of this case is dismissed.

2. The costs of appeal shall be borne by the Defendant.

The purport of the claim and appeal is the purport of the appeal.

Reasons

Basic Facts

On January 16, 2007, the Plaintiff submitted a complaint in this case to the court of first instance. However, due to the Defendant’s unknown director, the duplicate, etc. of the complaint was not served as the Defendant’s address indicated in the above complaint. On February 22, 2007, according to the above court’s order to correct the address as of February 7, 2007, the Plaintiff revised the Defendant’s address to “F 403, Sinyang-si (hereinafter “instant delivery address”).

On March 12, 2007, the court of first instance served a written complaint, etc. with the delivery address of this case by mail, and on March 14, 2007, a person living together with the defendant G, who received the written complaint, signed his signature on the “receiving person” column of the receipt of the document, and the “receiving person relationship” column of the notice of service is written as “A”.

On April 19, 2007, the court of first instance served a notice to the defendant as the delivery address of this case, but the notice was not served by mail, but by the defendant's director's unknown. On April 30, 2007, the court served the notice to the defendant by means of delivery.

On May 9, 2007, the court of first instance delayed the date of pronouncement for the purpose of supplementing the purport of the plaintiff's claim, and served the defendant a notice of the date of pronouncement to the defendant on May 9, 2007, but was not served by the recipient's unknown address. On May 17, 2007, the court served the notice to the defendant by means of delivery.

On June 21, 2007, the court of first instance sentenced the first instance to the effect that the plaintiff entirely admitted the plaintiff's claim by means of a confession. On June 26, 2007, the original judgment of the first instance was served as the delivery address of this case, but the original judgment was not served due to the addressee's unknown address.

Accordingly, on July 4, 2007, the above court ordered the defendant to serve by public notice on the original copy of the judgment of the court of first instance, and on July 19, 2007, the service by public notice on the original copy of the judgment of the court of first instance became effective.

On May 18, 2017, the Plaintiff rendered the first instance judgment against the Defendant at the Suwon District Court, No. 2017Kadan5707.

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