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Plaintiff
A The appeal shall be dismissed.
Plaintiff
B The appeal is dismissed.
The costs of appeal are assessed against the plaintiffs.
Reasons
1. Judgment on Plaintiff A’s appeal
A. Plaintiff A’s assertion was unaware of the date of the judgment of the first instance court, and around September 11, 2019, the date of the judgment of the first instance court, Plaintiff A did not reside in the domicile of Plaintiff A as the left-hand hand son was hospitalized from September 17, 2019 to October 2, 2019, and the authentic copy of the judgment of the first instance court that Plaintiff A’s spouse was given to Plaintiff A was not in a legal marital relationship with Plaintiff A, but does not constitute the same household, and Plaintiff A was temporarily residing in the domicile of Plaintiff A due to the past person with Plaintiff A, and was not able to receive supplementary delivery on behalf of Plaintiff A. Thus, D’s original copy of the judgment of the first instance court is null and void.
B. The person living together refers to a person living together with the same household as the person receiving the service, who actually is in a same relationship with him/her, and there is no need to have a legal relationship or belong to the same household on the resident registration, and there is no relationship between the person living together with him/her temporarily.
(see Supreme Court Order 200Ma5732, Oct. 28, 2000). According to the evidence Nos. 8 and 9, the fact that Plaintiff A was diagnosed as the left hand part of Sept. 11, 2019 due to the alley brupt, etc. and was hospitalized from Sept. 17, 2019 to Oct. 2, 2019 is recognized.
However, according to the records, Plaintiff A filed the instant lawsuit at his/her domicile with “Public City E and F,” and received the Defendant’s written reply and the date of pleading from June 7, 2019 at the above address; Defendant A was present at the second date of pleading on August 20, 2019; Defendant was notified of the date of pronouncement 10:00 on September 24, 2019; Defendant’s written response from September 19, 2019 submitted by the Defendant after the closing of the first instance trial to the Plaintiff’s spouse on September 24, 2019; Defendant A received the authentic copy of the judgment from Plaintiff A as the Plaintiff’s spouse on October 14:21, 2019; Plaintiff B filed an appeal on October 23, 2019.