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(영문) 서울고등법원 2020.08.14 2020누33079
난민불인정결정취소
Text

1. The plaintiff's appeal shall be dismissed.

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

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

Reasons

1. Whether a subsequent appeal is lawful;

A. According to the records of recognition, the following facts can be acknowledged.

1) Upon filing the instant lawsuit on September 4, 2019, the Plaintiff entered the place where the Plaintiff’s domicile and the place where the Plaintiff was served as “Gu-si C and D” in the same manner as the Plaintiff’s domicile. 2) On September 9, 2019, the court of first instance sent a notice of the date of pleading, etc. to the above address on September 9, 2019, but was not served due to the absence of closure, and the Plaintiff sent a duplicate of the reply on September 18, 201

3) The court of first instance served a notice of the date of pleading, etc. on September 20, 2019, but the Plaintiff did not appear on September 25, 2019, which is the first date of pleading. 4) The court of first instance notified the date of pronouncement to October 16, 2019. On September 25, 2019, the court of first instance served a notice of the date of pronouncement to the said address on September 7, 2019, when the notice of adjudication was not served due to the absence of closure, and served a notice of the date of pronouncement to the said address on October 7, 2019. The court of first instance rendered a judgment in a state where the Plaintiff was absent on the said date of pleading.

5) On October 16, 2019, the court of first instance sent an authentic copy of the written judgment to the Plaintiff’s domicile as indicated in the written complaint, but did not serve the authentic copy of the written judgment on October 29, 2019, and served the authentic copy of the written judgment by public notice on November 14, 2019. (vi) On January 20, 2020, the Plaintiff submitted the instant written appeal for the instant subsequent completion on the said date.

B. As long as the original copy of the related legal principles was served by service by public notice by order of the presiding judge, even if the requirements are not satisfied, such service becomes effective by law, and the above judgment becomes final and conclusive formally with the intention of the appeal period.

The legitimacy of the appeal for the subsequent completion of the above judgment should be determined separately by whether the appeal period is due to a cause not attributable to the appellant.

(See Supreme Court Decision 2001Da30339 Decided July 27, 2001, etc.).

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