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(영문) 대구지방법원 2016.01.14 2015나13049
매매대금
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

3. The plaintiff's succession to the lawsuit.

Reasons

1.The following facts are apparent in the records:

On April 17, 2006, the first instance court served the duplicate of the complaint of this case as the "Spo-gu G [Road Name Address N in the Port of Port (Spo-gu H in the Port of Port)" and on April 18, 2006, Defendant D's address (Spo-gu in Port of Port: Road Name Address J and 407 in the Port of Port of Port)."

B. On June 29, 2006, the first instance court designated the first date for pleading as of June 29, 2006 and served a notice of the date for pleading to each of the above addresses of the Defendants, and notified the Defendants of the date for pleading on June 29, 2006 at the first date for pleading opened on June 29, 2006, and on July 13, 2006

C. On July 3, 2006, the first instance court served a notice of the date of pronouncement to each of the above respective addresses of the Defendants, and on July 3, 2006, the Defendant B’s mother and cohabitant, and Defendant D’s wife and cohabitant, were given a notice of the date of pronouncement at each of the above addresses.

On July 13, 2006, the first instance court sentenced the judgment of the first instance court. D.

The first instance court served the original copy of the judgment to each of the above addresses of the defendants, and on July 21, 2006, Ma (1935 birth) who is his father and live together with the defendant B, and N (O) who was living together with the defendant D's son received the original copy of the judgment at each of the above addresses.

E. On the other hand, on April 1, 2009, a pairyang Industries Co., Ltd. established the Plaintiff, who comprehensively divided the assets, liabilities, claims, and obligations into physical division. The Plaintiff taken over the instant lawsuit.

2. Determination as to the legitimacy of appeal following the subsequent completion of this case

A. The Defendants’ assertion is related to work at the construction site of each nationwide, and the Defendants’ family members are served with the copy of the instant complaint and the original copy of the judgment from the first instance court, and do not transfer them, and there is no knowledge that the instant lawsuit is pending and that the judgment of the first instance court was rendered. Moreover, the Defendants’ assertion shall be served with a written questioning of the defaulters’ list, etc. on or around August 4, 2015, and the appeal following the subsequent completion of the instant judgment is filed by the first instance court.

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