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(영문) 대구지방법원 2015.05.28 2014나16706
공유물분할
Text

1. All appeals filed by Defendant E, G, and network N, P, and Q, are dismissed.

2. The costs of appeal are Defendant E, G, and network N.

Reasons

1. Where a copy of a complaint, original copy, etc. of judgment regarding the legitimacy of the appeal subsequent to Defendant E was served by service by public notice, barring any special circumstance, the Defendant was unaware of the service of the judgment without negligence. In such a case, the Defendant is entitled to file a subsequent appeal within two weeks (30 days where the cause has ceased to exist in a foreign country at the time when the cause ceases to exist) from the date on which the cause ceases to exist (Article 173(1) of the Civil Procedure Act). Here, the term “the date on which the cause ceases to exist” refers not to the time when the party or legal representative becomes aware of the fact that the judgment was served by public notice, but to the time when the party or legal representative becomes aware of the fact that the judgment was served by public notice, barring any special circumstance, when the party or legal representative inspected the records of the case or received the original copy of the judgment by public notice.

(2) On February 7, 2012, the court of first instance issued an order to serve the Defendant E by public notice on February 7, 2012 (see, e.g., Supreme Court Decision 2004Da8005, Feb. 24, 2006). According to the records, the court of first instance issued an order to serve the Defendant E by public notice on February 7, 2012, and subsequently held a pleading by public notice on the date of pleading. The original judgment also served the Defendant E by public notice on August 30, 2014, and Defendant E was not aware of the fact that the first instance judgment was pronounced by public notice on September 16, 2014, and it can be recognized that the first instance judgment was served by public notice only after hearing the fact that the Defendant E was sentenced by public notice on September 16, 2014.

Therefore, the appeal filed by Defendant E subsequent completion of this case is the subsequent completion of procedural acts, which is within the lawful appeal period.

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