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(영문) 수원지방법원 2017.05.24 2015구합678
공인중개사 등록취소처분취소
Text

1. The instant lawsuit was concluded on October 10, 2015 as deemed to have been withdrawn.

2. After filing an application for the designation of the date on November 28, 2016.

Reasons

1. The following facts are clear in the records or significant in this court:

In filing the instant lawsuit, the Plaintiff stated the Plaintiff’s address as “C Licensed Real Estate Agent B in Mapopo-si,” and on April 6, 2015, the Defendant’s reply sent to the said address by mail, and the Plaintiff received it.

B. The court set the first date for pleading on August 12, 2015 at the date for pleading, and on July 8, 2015, “Notice of First Date for pleading” was the Plaintiff’s above.

A. Although sent by mail to the recorded address, it was impossible to serve as “director’s unknown,” the Plaintiff did not report any change in the address or place of delivery until that time.

Accordingly, on July 21, 2015, this Court sent the notice of the date of pleading to the “service by registered mail” and sent it to the Plaintiff on July 21, 2015, because the place to be served to the Plaintiff cannot be known

On August 12, 2015, the Plaintiff was not present on the first date for pleading No. 14:30 on August 12, 2015, and the Defendant litigation performer was present, but did not present.

C. This court set the date for the second pleading on September 9, 2015 as the date for the second pleading on September 15, 2015, and on August 12, 2015, the Plaintiff’s notice of the date for the second pleading on August 12, 2015

A. Although sent by mail to the recorded address, it was impossible to serve as “director’s unknown”, the Plaintiff did not report any change in the address or the place of service until that time.

Accordingly, on August 21, 2015, this Court sent the notice of the date of pleading to the “service by registered mail” and sent the notice to the Plaintiff on August 21, 2015 because the place to be served to the Plaintiff cannot be known

On September 9, 2015, the Plaintiff was not present at the second date for pleading on September 15, 2015, and the Defendant’s litigation performer was present, but did not present.

On November 28, 2016, the Plaintiff applied for the designation of the date.

2. Determination

A. Article 8(2) of the Administrative Litigation Act, Article 268 of the Civil Procedure Act, and Article 268 of the Civil Procedure Act, where both parties are absent or are present at the date of pleading, the parties are not present.

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