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(영문) 서울고등법원 2015.06.26 2014나2004550
부당이득금
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. On October 1, 2014, we examine the validity of the Plaintiff’s application to designate the date prior to the determination of the Plaintiff’s application to designate the date.

According to the records, the plaintiff submitted a petition of appeal to the court of first instance on December 2, 2013, and entered defendant B and C in the appellee column. However, the purport of appeal includes not only the above Defendants, but also claims against the defendant D Co., Ltd. (hereinafter "Defendant Co., Ltd."). The "Seoul Gwangjin-gu H" and the contact column stated "within the Jinwon of five stories of building extension in Seongbuk-gu, Seoul" as the address column for appeal. This court sent the first instance notice to the plaintiff on May 29, 2014; on May 30, 2014, and June 2, 2014, it was impossible to serve the above notice to the plaintiff on June 2, 2014, and on June 27, 2014, the court sent the notice to the defendant Co., Ltd. on June 27, 2014 to the address of the plaintiff on June 27, 2014; on the ground that the plaintiff was absent on June 27, 2014, 2014.

However, Article 185(1) of the Civil Procedure Act provides that "if a party, legal representative, or legal representative alters the place where a service is to be made, the purport thereof shall be immediately reported to the court," and Article 185(2) of the same Act provides that "if the place where service is to be made to a person who fails to make a report under paragraph (1) is unknown, the previous service

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