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(영문) 대법원 2018.02.08 2017두47021
주민등록말소직권조치에대한 취소
Text

All appeals shall be dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

ex officio, the appeal of this case is lawful.

1. The main text of Article 173(1) of the Civil Procedure Act, which applies mutatis mutandis to the administrative litigation pursuant to Article 8(2) of the Administrative Litigation Act, provides, “If a party is unable to comply with the peremptory period due to any cause not attributable to him/her, he/she may supplement the procedural acts neglected within two weeks from the date such cause ceases to exist

The phrase “reasons for which a party cannot be held liable” refers to the reasons why the party could not comply with the period even though the party had exercised the duty of care to conduct the procedural acts.

In case where the service of litigation documents is inevitable by public notice as a result of the impossibility of being served during the process of litigation, unlike the case by public notice from the beginning, the parties are obliged to investigate the progress of litigation procedures.

Therefore, if the parties did not know about the progress of the lawsuit in the court, it cannot be said that there is no negligence.

(see, e.g., Supreme Court Decision 2004Da2083, Mar. 12, 2004). 2. The record reveals the following facts.

The plaintiff served the original copy of the judgment of the first instance, and submitted a petition of appeal on April 21, 2016.

On November 25, 2016, the Plaintiff was present at the second date for pleading and was notified of the sentencing date by the lower court.

③ On January 20, 2017, the date of adjudication notified without permission for the resumption of pleading by the Plaintiff, the lower court rendered a judgment dismissing the Plaintiff’s appeal.

④ The original court served an original copy of the judgment by means of service on February 28, 2017, as the original copy of the judgment was not served two times as a closed copy.

⑤ On May 25, 2017, the Plaintiff submitted “intest for completion” to the Plaintiff.

Examining the above facts in light of the legal principles as seen earlier, the Plaintiff’s inquiry, etc. to the court, and if his/her address is changed, shall report it to the court.

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