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(영문) 서울고등법원 2016.01.15 2015나2001619
사해행위취소
Text

1. At the request of a change in exchange at the trial, the defendant shall pay to the plaintiffs 111,50,000 won, respectively.

Reasons

1. If a copy of a complaint, original copy, etc. of the judgment were served by public notice, barring any special circumstance, the defendant was unaware of the service of the judgment without negligence, barring any special circumstance. In such a case, the defendant is unable to comply with 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 special circumstance, when the party or legal representative

(1) On January 24, 2014, the first instance court rendered a favorable judgment against the Defendant on January 28, 2014 by serving a copy of the complaint, notification of the date for pleading, etc. on the Defendant by public notice (see, e.g., Supreme Court Decision 2010Da75044, Jan. 10, 201). On January 10, 2013, the first instance court rendered a favorable judgment on January 24, 2014, on which the Plaintiff was the first instance court (hereinafter “NS loan”). The original judgment was served on the Defendant on January 28, 2014 by public notice, and the Defendant submitted a written final appeal to the court of first instance on December 24, 2014. According to the purport of the entire pleadings, the Defendant becomes aware that the first instance judgment became final and conclusive on December 23, 2014, based on the above recognition facts, the Defendant could not file an appeal within two weeks from the date of appeal.

2. Basic facts

(a) against the age limit B and C;

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