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(영문) 서울고등법원 2019.02.01 2018나2049780
근저당권말소
Text

1. The plaintiff's claim that the court changed in exchange is dismissed.

2. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Determination on the legitimacy of a subsequent appeal

A. If the original copy, the original copy, etc. of a complaint was served by service 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 is unable to comply with the peremptory period due to a cause not attributable to him/her and thus the defendant is entitled to file an appeal for subsequent completion within two weeks after such cause ceases to exist

Here, the term “after the cause has ceased” refers to the time when a party or legal representative becomes aware of the fact that the judgment was delivered by public notice, rather than the time when the party or legal representative becomes aware of the fact that the judgment was delivered by public notice. Barring any special circumstances, barring any special circumstance, it shall be deemed that the party or legal representative becomes aware of the fact that the judgment was served by public notice only when the records

(see, e.g., Supreme Court Decision 2013Da41318, Oct. 17, 2013). B.

According to the records, the court of first instance rendered a judgment in favor of the Plaintiff on April 26, 2018 after serving a duplicate of the complaint against the Defendant, the date of pleading, etc. by public notice, and proceeding for pleadings, and rendered a judgment in favor of the Plaintiff on April 26, 2018. The original copy of the judgment was also served on the Defendant by public notice. The Defendant became aware of the fact that the first instance judgment was made by perusal of the records of the first instance court on August 30, 2018, and that the Defendant filed

C. Therefore, the defendant was unable to observe the peremptory appeal period due to a cause not attributable to the defendant, and the subsequent appeal of this case was filed within two weeks after such cause ceases to exist, so the defendant's subsequent appeal of this case is lawful.

2. Determination as to the cause of action

A. Facts of recognition 1) The Defendant became aware of the Plaintiff’s introduction around early 2009 (hereinafter “D”).

(E) Co., Ltd. (hereinafter referred to as “E”);

The sum of P and Q.

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