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(영문) 서울중앙지방법원 2020.02.11 2019나26969
양수금
Text

1. The judgment of the court of first instance is modified as follows.

To the extent of the property inherited from the net F, the Plaintiff.

Reasons

1. If a copy of a complaint, original copy, etc. of judgment regarding the legitimacy of an appeal for subsequent completion was served by public notice, barring any special circumstance, the defendant was unaware of the service of the judgment without negligence, and in such a case, the defendant was unable to comply with the peremptory period due to a cause not attributable to him/her, and thus, he/she may file an appeal for subsequent completion within two weeks from the date such cause ceases to exist (30 days if the cause ceases to exist in a foreign country at the time

The "date on which the cause ceases to exist" refers to the time when the party or legal representative becomes aware of the fact that the judgment was rendered, and further the fact that the judgment was served by service by public notice is known.

In ordinary cases, only when a party or legal representative peruses the records of the case or receives a new original of the judgment, it shall be deemed that he/she became aware of the fact that the judgment was served by public notice.

(See Supreme Court Decision 2004Da8005 Decided February 24, 2006). As to the instant case, the Health Center and the first instance court rendered a judgment in favor of the Defendants on September 22, 2015 after both a copy of the complaint and a written notice of the date of pleading to serve by public notice, and the court of first instance rendered a judgment in favor of the Defendants on September 22, 2015. On October 14 of the same year, the original copy of the judgment was also served on the Defendants by public notice. The Defendants become aware that the first instance court was served by public notice only on April 26, 2019, and filed an appeal for the instant subsequent completion on April 30, 201.

According to the above facts, the defendants could not observe the appeal period due to the failure of the court of first instance to know that the judgment was served by service by public notice without negligence.

When the Defendants became aware of the fact that the judgment of the first instance was served by public notice, the Defendants filed a subsequent appeal within 14 days (Defendant C, D) and 30 days (Defendant B, E residing in a foreign country).

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