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(영문) 제주지방법원 2018.11.14 2018나404
매매잔대금 청구
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

1. Whether a subsequent appeal is lawful;

A. The Defendant’s assertion was served with a duplicate of the instant complaint at his/her domicile on November 7, 2016 and resided in the same place. The court of first instance rendered a judgment against the Defendant without ordering the Plaintiff to rectify his/her address, and the Defendant was sentenced to the first instance court’s judgment on January 31, 2018 through service and service by public notice, even though the notice of the sentencing date was not served due to the impossibility of being served with the director’s unknown whereabouts, and the Defendant was aware of the fact that the first instance court judgment was rendered on January 31, 2018. Therefore, the instant appeal for subsequent completion constitutes a case where the Defendant

B. According to the records of this case, the following facts are recognized.

1) The Defendant’s address was originally “K at Seopopopoposi,” and around June 27, 2016, the above road name address was corrected to “Spoposi L”. 2) On November 7, 2016, the Defendant served on the court of first instance with the copy of the complaint stating the Defendant’s address as “K at Seopopo City, Seopo City,” the Defendant’s address was previously corrected, and thereafter, the Defendant did not submit any written document to the court of first instance, and continued to reside therein.

3. On September 28, 2017, the court of first instance sent to the Defendant a notice of the sentencing date of a pleading without holding any pleadings to the Defendant “K at Seopo-si,” and on October 11, 2017, the said notice was sent and sent to the Defendant on October 18, 2017, and the said notice was sent on October 18, 2017.

On October 24, 2017, the court of first instance sentenced the judgment that accepted the plaintiffs' claim. The original copy of the judgment of first instance was served on the defendant as his domicile, but it was impossible to serve the original copy of the judgment on November 7, 2017 due to the director's unknown address, and served the original copy of the judgment of first instance on November 7, 2017, and served by public notice on November 22, 2017.

C. If the original copy of the judgment of the court of first instance was served on the defendant by means of service by public notice, the defendant's address is false or incomplete.

service shall be made even if any;

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