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(영문) 서울고등법원 2017.10.20 2017나2032129
명의신탁해지로 인한 소유권이전등기
Text

1. All appeals by Defendant J, K, L and M shall be dismissed.

2. The plaintiff's appeal is dismissed.

3. The costs of appeal shall be individually counted.

Reasons

1. An appeal by the defendant J, K, L, or M for a subsequent completion;

A. Article 173(1) of the Civil Procedure Act provides that “Any reason for which a party cannot be held liable” refers to a reason for failure to comply with the period despite the party’s exercise of general duty to act in the course of litigation. In a case where the documents of lawsuit cannot be served by means of ordinary means during the process of litigation and served by public notice, the documents of lawsuit cannot be served by means of public notice. As such, if the party fails to investigate the progress of the lawsuit and fails to abide by the peremptory period, it cannot be said that the party is due to any reason for not being held liable to the party, unless the party fails to investigate the progress of the lawsuit and fails to comply with the peremptory period.

In addition, according to Article 186(1) of the Civil Procedure Act, when a person to be served is not present at a place other than a work place, documents may be served by delivering documents to a person who is man of sense as a person living together with such person. Here, “place to be served” as referred to in this context is not necessarily limited to the person’s resident registration address, and “a person living together with the same household as the person to be served is only a person who actually belongs to the same household as the person to be served. The circumstance that there was no negligence in failing to observe the period of appeal due to the failure to know the declaration and service of the judgment is to be served after the completion of appeal shall be asserted and proved by the parties who intend

(Supreme Court Decision 2012Da44730 Decided October 11, 2012, and Supreme Court Decision 2012Da98423 Decided April 25, 2013, etc. (see, e.g., Supreme Court Decision 2012Da98423, Apr. 25,

The following facts shall be acknowledged by records or by the purport of the whole pleading:

1) On April 25, 2016, the Plaintiff filed the instant lawsuit, and Defendant J directly received copies of the complaint on July 24, 2016 (on the domicile).

Defendant K, on 2016.

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