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(영문) 부산고등법원(창원) 2019.08.29 2019나11015
원인무효에 의한 소유권이전등기 등
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. The facts under the recognition are either apparent in the records or obvious to this Court.

On October 12, 2018, the Plaintiff served a judgment of the first instance court, and submitted a petition of appeal to the first instance court on October 25, 2018, which is within the filing period of appeal.

On November 5, 2018, the first instance court ordered the Plaintiff to pay KRW 5,330,80 and KRW 225,600 to the Plaintiff within seven days from the date of service of the order, and served the said order as the “AJ in J in J in J,” which is the address where the Plaintiff was served with various judicial documents, such as a written notice of the date of pleading, written judgment, etc., written by the Plaintiff and the petition of appeal.

B. The foregoing order of correction was served on three occasions, including November 8, 2018 and the 9th day of the same month, and the 12th day of the same month, and the first instance court served on November 14, 2018 by means of delivery.

C. The Plaintiff failed to perform the amended matters within the period specified in the above order of correction, and the first instance court rejected the petition of appeal as ordered by the presiding judge on November 26, 2018.

On December 4, 2018, the Plaintiff filed an immediate appeal against the foregoing rejection order stating that “the Plaintiff was served with an order of correction at the time of going out of the Republic of Korea, and the Plaintiff failed to comply with the order of correction because it was impossible to contact because it did not have a cellular phone.”

However, on March 14, 2019, the appellate court dismissed the above immediate appeal on the ground that “the delivery of the order of the first instance court by the method of sending and delivering it is lawful, and the Plaintiff’s failure to observe the deadline for correction has no justifiable grounds” (Seoul High Court (original Court 2018Ra10087), and on March 14, 2019, the Plaintiff’s reappeal was also dismissed, and the above order of rejection of the petition

(Supreme Court Decision 2019Ma5024). E.

On April 2, 2019, the Plaintiff filed an appeal for subsequent completion.

2. An appeal to determine whether the appeal is lawful shall be filed within two weeks from the date on which the judgment of the court of first instance was served, and the above period is a peremptory period, and thus, the appeal period is due to a cause for which the parties cannot be held responsible.

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