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(영문) 수원지방법원 2017.12.07 2017나60
건물명도
Text

1. The defendant's appeal is dismissed.

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

3.Paragraph 1 of the text of the judgment of the court of first instance shall be subject.

Reasons

1. Whether a subsequent appeal is lawful;

A. The summary of the Defendant’s assertion 1) The court of first instance sent a copy, etc. of the complaint of this case to the Defendant’s resident registration address. After the Defendant’s temporary resident registration address received a duplicate, etc. of the complaint of this case, the Defendant did not deliver it to the Defendant. At the time, the Defendant did not know the Defendant at all of the progress of the lawsuit in the first instance court because he resolved board and lodging at a place different from the Defendant’s resident registration address on business grounds. After being aware of the fact that the Plaintiff had seized and executed the Defendant’s deposit claims based on the original copy of the judgment of the first instance court, the Defendant was aware of the fact that the first instance court rendered the judgment only after receiving the original copy of the judgment of the first instance court on December 22, 2016, and immediately submitted a written appeal for subsequent completion to the court of first instance, the Defendant’s subsequent appeal is lawful. The Defendant did not receive the copy, etc. of the complaint of this case from the court of first instance, and did not submit the Defendant’s reply to the first instance court.

B. Determination 1) In principle, the service of documents in civil procedure may be, in principle, delivered to the person to whom the service is to be made, at the domicile, residence, business office, or office of the person to whom the service is to be made (Articles 178(1) and 183(1) of the Civil Procedure Act). However, if the service agency fails to retain the person to whom the service is to be made at the above place, the service may be made by supplementary service as a clerk, employee, or cohabitant (Article 186(1) of the Civil Procedure Act).

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