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(영문) 서울서부지방법원 2016.11.24 2016나1889
건물명도 등
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

purport:

Reasons

1. Facts below the basis are clear of records.

1) On July 23, 2010, the Plaintiff (hereinafter “instant housing”) against the Defendant as indicated in the separate sheet against the Defendant.

(2) On August 3, 2010, the above court filed a suit seeking delivery and rent payment with this Court Nos. 2010da45916, and the complaint entered the Defendant’s domicile in the Defendant’s Eunpyeong-gu E-Ba 101 and 2 of the Eunpyeong-gu Seoul, Seoul. 2) The above court sent the complaint to the above delivery place and the Defendant sent the same month.

5. The duplicate of the complaint was received directly.

(A) On August 5, 2010, the mail delivery report pertaining to the duplicate of the complaint was served by the Defendant on or around October 13, 2010, and the Defendant’s name was written on or around August 5, 2010. 3) The written reply in the name of the Defendant demanding the rejection of the Plaintiff’s claim was submitted to the court of first instance on August 12, 2010. The Plaintiff’s written reply was submitted on October 4, 2010. Upon the Plaintiff’s written brief on or around October 5, 2010, the court of first instance sent it to the Defendant on October 13, 2010, but the notice was not served on or around October 13, 2010, and the first written notice on the date for pleading was sent on or around November 4, 2010, and the first written notice on the date for pleading was also sent on or around November 4, 2010.

On November 14, 2010, the court of first instance served a notice on the defendant as the place where the notice was served, but on November 18, 2010, the notice was sent on November 24, 2010, when the notice was not served due to the absence of closure.

5) The court of first instance sentenced the judgment on December 3, 2010, and served the original copy of the judgment to the Defendant on December 13, 2010, but served on December 17, 2010, the original copy of the judgment was served on December 22, 2010, and the original copy of the judgment was served on the Defendant on January 6, 201. 6) The Defendant submitted a written appeal for subsequent completion to this court on April 6, 2016, for which the time limit for appeal expires.

2. Determination

A. We examine ex officio the legitimacy of the subsequent appeal of this case.

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