logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 청주지방법원 2016.06.03 2016나10033
건물인도 등 청구의 소
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. Facts of recognition;

A. On August 7, 2015, the Plaintiff filed a lawsuit against the Defendant for a claim for the delivery of a building, etc. under the Young-dong Branch of Cheongju District Court 2015Kadan4572, and the court of the first instance at the same time served the copy of the complaint as “Yong-dong, Chungcheong-gun,” the Defendant’s domicile, and the Defendant received the duplicate of the complaint directly on August 18, 2015.

B. The court of first instance served a notice of the date for pleading on October 7, 2015, when the notice was served to the Defendant’s address, but was not served due to the absence of a closed door, and the Defendant did not appear on the date for pleading on October 16, 2015.

Accordingly, the court of first instance concluded the pleading, and sent the notice of pronouncement to the defendant's address on October 22, 2014 when it was not served due to the absence of closure.

C. On October 23, 2015, the court of the first instance rendered a judgment based on the recommendation of confession accepting the Plaintiff’s claim, and served the original copy of the judgment on the Defendant’s address, but also was not served due to the absence of closure, and served the original copy of the judgment on November 4, 2015 by public notice against the Defendant.

The original judgment became effective on November 19, 2015, and the defendant submitted a written appeal for subsequent completion to the court of first instance on December 18, 2015, where the 14th day of the appeal period expires from the defendant.

[Reasons for Recognition] Facts without dispute, significant facts in the court, and purport of the whole pleadings

2. The above judgment becomes formally final and conclusive after the original copy of the judgment regarding the legitimacy of the appeal of this case was served on the defendant by means of service by public notice, and the period of appeal has expired, and the propriety of the appeal of subsequent completion against the above judgment is determined separately by whether the failure to observe the period of appeal is due to a cause not attributable to the appellant (see Supreme Court Decision 2001Da30339, Jul. 27, 2001) and Article 173(1) of the Civil Procedure Act.

arrow