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(영문) 서울고등법원 2018.04.04 2017나2043952
소유권이전등기
Text

1. All appeals by the Defendants are dismissed.

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

Purport of claim and appeal

1.

Reasons

1. Determination on the legitimacy of a subsequent appeal

A. The Defendants asserted that while residing in a foreign country, a waiver of the appeal was submitted, which was not based on the Defendants’ intent, and that the period of appeal was expired due to the reasons for which it cannot be held responsible, the Defendants filed an appeal for the subsequent completion of appeal in this case.

(b) An appeal for judgment shall be filed within two weeks from the day on which the written judgment is served (Article 396(1) of the Civil Procedure Act): Provided, That in cases where a party is unable to comply with the peremptory period due to any cause not attributable to him/her, the litigation which has been negligent may be supplemented within two weeks from the day on which such cause ceases

(1) Article 173(1) of the former Act provides that “A party’s legal representative shall be liable for damages incurred to the Plaintiff on June 23, 2017,” and “a party’s legal representative shall be liable for damages incurred to the Plaintiff on the part of the Plaintiff: (a) the Defendants’ legal representative shall be served with the documents pertaining to the litigation, such as the copy of the complaint, the date of pleading, and the summons, and shall be served to the court of first instance on the grounds that the period could not be complied with although the parties fulfilled their general duty to do so (see Supreme Court Decision 2004Da2083, Mar. 12, 2004).

Even if the Defendants were residing abroad in the first instance trial lawsuit, the Defendants resided abroad.

Even if the original of the judgment of the first instance court on June 26, 2017, which was legally served on the legal representative delegated by the Defendants with all of the procedural acts, two weeks from that date.

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