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Reasons
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(영문) 서울중앙지방법원 2015.07.16 2015나17905
건물인도 등
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1. Of the judgment of the court of first instance, the part against the defendant regarding the claim for overdue rent and unjust enrichment shall be revoked; and

Reasons

1. Whether the appeal of this case is lawful

A. As long as the duplicate of the Plaintiff’s assertion was delivered directly to the Defendant, the Defendant did not inquire into the progress of the lawsuit at the court of first instance despite having the duty to investigate the progress of the lawsuit, so it cannot be said that there was no negligence. Therefore, the Defendant’s appeal for the subsequent completion of the lawsuit does not constitute a case where the Defendant could not observe the period of appeal due to a cause not attributable to

B. According to the records of this case, the defendant did not submit a written reply within 30 days after he/she was directly served with a copy of the complaint and a written guide for lawsuit on November 19, 2014. The court of first instance served a written notice on the date of pronouncement to the defendant on January 2, 2015 pursuant to Article 257(1) of the Civil Procedure Act, but served a written notice on the date of pronouncement on January 15, 2015 as he/she was not served due to the absence of closure, and served a written notice on the date of pronouncement on January 15, 2015. The court of first instance rendered a favorable judgment on the plaintiff without the defendant's appearance on January 23, 2015 and served the original written notice to the defendant by public notice because it was not served in the absence of closure, and the defendant did not submit the written notice to the defendant on February 24, 2015, which is deemed the date of service of the above written judgment, and thus, the plaintiff's appeal cannot be acknowledged as legitimate.

2. Basic facts

A. On September 10, 2013, the Plaintiff: (a) deposited the instant commercial building to the Defendant; (b) KRW 1 million per month; (c) KRW 600,000 per month (payment in advance on January 20); and (d) the term of lease on October 2013.

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