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(영문) 서울고등법원 2016.02.25 2015나19331
소유권이전등기
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

[Claim]

Reasons

The following facts are apparent as to the legitimacy of the instant appeal.

On February 10, 2012, the Plaintiff submitted a complaint of this case, wherein the Defendant’s representative was named C as the Defendant’s address, which is the Defendant’s place of delivery. The first instance court served a copy of the complaint of this case, a written guide for litigation, and a written notice of the sentencing date designated as of April 26, 2012, and both E, a spouse of C, received the same.

The defendant did not submit a written response by the date of the above sentencing, and was not present at the date of the sentencing, and the first instance court rendered a favorable judgment of all plaintiffs on the same day.

The first instance court served the original copy of the above judgment to the address of C, and received it on May 2, 2012.

Meanwhile, on December 18, 2014, the Defendant submitted a petition of appeal to the High Court for the High Court for the High Court for the High Court for the High Court for the High Court for the High Court for the High Court for the High Court for the High Court for the High Court for the High Court on May 20, 2015. On May 21, 2015, the Defendant

(1) The defendant's appeal for retrial was filed on June 12, 2015, which became final and conclusive as the withdrawal of the defendant's lawsuit. The defendant's assertion that C, the representative of the defendant, was not a legitimate representative of the defendant at the time of the filing of the lawsuit in this case, and C, the plaintiff designated C, the representative of the defendant's clan, as the service place of the defendant's domicile, and accordingly, C, the copy of the complaint in this case, the notice of sentencing date, and the original copy of the judgment in the first instance court, were served to the address of the above C, which is not the defendant's domicile, and C was not the defendant's domicile. Since C did not notify the defendant of this fact, it was impossible for the defendant to observe the period of appeal against the judgment in the first instance on the grounds that

Judgment

The court is aware that the representative has a legitimate power of representation.

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