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(영문) 수원지방법원 2017.11.24 2017나9135
관리비미수금
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. Basic facts

A. On September 25, 2013, the Plaintiff filed an application against the Defendant for the payment order of the amount receivable for management expenses under the Suwon District Court Ansan Branch 2014 Ghana12531, and on October 30, 2013, the judicial assistant officer of the court of first instance revised the Defendant’s address to “Yinman-si Population B apartment and B apartment 105, Dong-dong 105,” which is the Defendant’s domicile on his/her resident registration, according to the order to rectify the address on October 24, 2013.

Nevertheless, since the original copy of the payment order was not served as a director's unknown, the above case was referred to the litigation procedure. On October 7, 2014, according to the order to correct the address of the court of first instance on August 3, 2014, the plaintiff re-amended the defendant's domicile to "Yinman-si C Apartment and 203 Dong 3 (hereinafter "the delivery address of this case") which is the resident registration address at the time of the defendant's resident registration.

B. According to the certificate of delivery of mail, the duplicate of the complaint of this case was received on December 19, 201 from the person living together with D on December 19, 2014.

After that, the court of first instance rendered a favorable judgment on March 11, 2015 after serving the notice on the defendant as the date of pleading was served to the defendant but was not served due to the absence of a closed text.

C. After that, the court of first instance served the original copy of the judgment as the instant service address, but did not serve as a closed door, and ordered the Defendant to serve by public notice on March 31, 2015, and the service by public notice became effective on April 15, 2015.

From April 15, 2015, the Defendant issued the authentic copy of the judgment of the first instance on May 31, 2017, which was 14 days after the filing of an appeal period, and filed an appeal for the subsequent completion of the appeal on June 7, 2017.

[Grounds for recognition] The substantial facts in this Court and the purport of the whole pleading

2. Determination on the legitimacy of a subsequent appeal

A. The Defendant’s assertion is that “A person who was his/her spouse on July 16, 2013 is divorced from D, and the duplicate of the instant complaint was not found as D at the time of being served on December 19, 2014. Therefore, the Defendant’s living together with D is a person living together with the Defendant (spouse).

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