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(영문) 서울중앙지방법원 2015.09.23 2014나41246
임대차보증금
Text

1. Revocation of a judgment of the first instance;

2. The Defendant’s KRW 18,123,580 and its relation thereto to the Plaintiff from March 28, 2014 to September 2015.

Reasons

On July 11, 2012, the Plaintiff filed an application for the instant payment order against the Defendant with the Jung-gu District Court 2012j2552, Namyang-si, Seoul District Court. On July 11, 2012, the Defendant stated the Defendant’s address as “Seoul Gangnam-gu D Apartment 103-802, address: Namyang-si E.”

The Republic of Korea District Court of South Korea sent the original copy of the payment order and the letter of demand procedure guidance to E (hereinafter “the address of this case”) stated in the above application, and on July 27, 2012, the Defendant’s child F received them at the address of this case.

On August 3, 2012, the defendant submitted a written objection and a written answer against the payment order to the Jungyang-si District Court, and the above court referred the instant case to the ordinary litigation procedure and revised the recognition from the plaintiff, and transferred it to the Jung-gu District Court.

On August 29, 2012, the Jung-gu District Court recommended the Plaintiff to submit an abstract of the Defendant’s resident registration record card on August 29, 2012, immediately after the transfer of the instant case, and decided to transfer the instant case to the Seoul Central District Court on September 24, 2012 on the ground that the Plaintiff submitted an abstract of the Defendant’s resident registration record card, and that the said abstract does not fall under the jurisdiction of the Gangnam-gu Seoul G Apartment and 31 Dong 1301, the Defendant’

The District Court sent the above transfer decision to the domicile of this case, but it served to the defendant by public notice and sent the case to the Seoul Central District Court on November 5, 2012.

The court of the first instance revoked the above service by public notice order against the defendant, and decided to refer the case to the conciliation procedure, but the above decision to refer the case to the conciliation procedure was sent to the domicile of the case, but the service was not made due to the absence of closure.

Seoul Central District Court's Dong Office 1559-3 on January 7, 2013.

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