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(영문) 서울북부지방법원 2015.06.09 2014나4383
건물명도등
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. The following facts of recognition are apparent to be recorded:

On May 18, 2012, the Plaintiff filed a claim suit against the Defendant for the registration of a building name map, etc. with the Seoul Northern District Court 2012dan20472.

B. On July 7, 2012, the court of the first instance served a duplicate of the complaint and the litigation guide as “Seoul Jung-gu F,” which is the domicile of the defendant, and served the defendant’s child, G on the same day.

C. On September 21, 2012, the court of first instance, upon the Defendant’s failure to submit a reply, etc., designated the sentencing date as the date of rendering a judgment and served a notice of the sentencing date to the Defendant. On August 27, 2012, when the service was impossible due to the addressee’s unknown whereabouts, the court served the notice on the Defendant and sent it on September 3, 2012.

On September 25, 2012, the court of first instance issued a notice of the date for pleading to the Defendant by designating the date for pleading of the first instance court (the date for pleading of September 25, 2012) and served it on September 14, 2012 when it was impossible to serve the notice on the Defendant due to the addressee’s unknown whereabouts.

E. As both the Plaintiff and the Defendant were absent on the date of the first pleading, the court of first instance designated the date of the second pleading ( October 16, 2012) and served a notice of the date of pleading on the Defendant. On September 28, 2012, when it was impossible to serve the notice on the Defendant on the date of pleading, the court of first instance sent it on October 8, 2012.

F. As only the Plaintiff’s attorney was present on the date of the second pleading, the court of first instance designated the sentencing date ( November 16, 2012. 14:00) and served a notice of the sentencing date to the Defendant. On October 18, 2012, when the service was impossible due to the addressee’s unknown whereabouts, the court sent the notice on October 24, 2012.

G. On November 21, 2012, the court of first instance rendered a judgment accepting the Plaintiff’s claim on the date of sentencing, while the Plaintiff and the Defendant were absent, and served the original copy of the judgment on the Defendant’s domicile, but it was impossible to serve the original copy of the judgment on November 27, 2012.

H. On December 12, 2012, the original copy of the above judgment became effective as service to the Defendant, and the Defendant’s appeal period expired on July 30, 2014.

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