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(영문) 수원지방법원 2020.10.06 2019나93523
건물등철거
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

Unless there exist special circumstances, if a copy of a complaint of determination on the legitimacy of an appeal for subsequent completion and an original copy of the judgment were served by service by public notice, the defendant was unaware of the service of the judgment without negligence, and in such a case, the defendant is unable to observe the peremptory term due to a cause not attributable to him/her, and thus, he/she is entitled to file an appeal for subsequent completion within two weeks after such cause ceases to exist. "after the cause ceases to exist." "after the cause ceases to exist" "after the cause ceases to exist" refers to the time either the party or legal representative becomes aware of the fact that the judgment was served by public notice, rather than the time when the party or legal representative becomes aware of the fact that the judgment was served by public notice, barring any other special circumstances, it shall be deemed that the party or

(See Supreme Court Decision 2004Da8005 Decided February 24, 2006). In the instant case, a written complaint and notice of date for pleading against the Defendant were served by public notice, and the litigation procedure was initiated. On August 22, 2019, the judgment of the court of first instance rendered in favor of the Plaintiff was also served on the Defendant by public notice on August 23, 2019. The original copy of the judgment also was served on the Defendant by public notice on August 23, 2019. The Defendant received a written examination of the case of replacing the removal of the building, etc. in accordance with the judgment of the first instance on November 28, 2019, and only received the written examination of the case of replacing the building, etc. in accordance with the procedure of public notice by public notice and served by public notice, and the fact that the Defendant became aware of that the judgment was served by public notice by public notice can be recognized by means of the entire purport of oral proceedings.

According to the above facts, the defendant was unable to observe the appeal period due to a cause for which he could not be held responsible because he was unaware of the service of the judgment of the court of first instance without negligence.

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