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(영문) 수원지방법원 2015.08.21 2015나3119
건물명도
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 May 7, 2014, the Plaintiff filed a lawsuit against the Defendant for the surrender of the building name as the Suwon District Court Branch Branch No. 2014Kadan9746, and the court of first instance served the copy of the complaint on the Defendant’s domicile at the time of the above filing. The Defendant received the duplicate of the complaint directly against the Defendant on May 21, 2014.

B. On August 26, 2014, the Defendant appeared directly on the first date for pleading, and thereafter, the Defendant’s attorney appointed an attorney and present at the second date for pleading on September 16, 2014. However, the said Defendant’s attorney resigned on October 20, 2014, and did not appear on the third date for pleading on October 21, 2014.

C. On October 21, 2014, the court of first instance concluded the pleading and served the notice of the adjudication date on October 21, 2014 on the Defendant’s domicile but did not serve the notice due to the addressee’s absence. D. The notice was sent on October 31, 2014.

On November 25, 2014, the court of the first instance rendered a judgment accepting the Plaintiff’s claim. On November 25, 2014, the court served the original copy of the judgment on the Defendant’s domicile, but did not serve the Defendant as the addressee’s absence, by public notice on December 8, 2014.

E. The original judgment became effective on December 23, 2014, and the Defendant submitted a written appeal for subsequent completion to the court of first instance on January 15, 2015, where the 14th appeal period expires.

[Ground of recognition] Facts without dispute, entry of evidence No. 1, purport of the whole pleadings

2. Article 173(1) of the Civil Procedure Act, which is a provision concerning the subsequent completion of judgment as to the legitimacy of the appeal of this case, refers to the case where a party is unable to comply with the relevant period despite the party’s due diligence for conducting the said procedural acts. In a case where a document of lawsuit cannot be served by means of ordinary means during the process of litigation and is served by means of service by public notice, from the beginning, the case where the lawsuit was proceeded by public notice.

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