(영문) 서울북부지방법원 2018.11.08 2018나1399

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울북부지방법원 2018.11.08 2018나1399

대여금

Text

1. Revocation of the first instance judgment.

2. The instant lawsuit shall be dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. If a copy of a complaint and the original copy, etc. of the judgment were served by public notice as to the legitimacy of the appeal of this case, barring any special circumstance, the defendant was unaware of the service of the judgment without negligence, and in such a case, the defendant is unable to comply with the peremptory term due to a cause not attributable to him/her, and thus, he/she is entitled to file an appeal for subsequent completion within two weeks after such cause ceases to exist. "after the cause ceases to exist." "after the cause ceases to exist." "after the cause ceases to exist" refers to the time when the party or legal representative becomes aware of the fact that the judgment was served by public notice, rather than when the party or legal representative becomes aware of the fact that the judgment was served by public notice, barring any special circumstance. Thus, in ordinary cases,

(2) According to the records, the court of first instance rendered a judgment in favor of the Plaintiff on July 2, 2010 after serving the Defendant with a copy of the complaint and other documents related to the lawsuit by public notice, and served the original copy of the judgment by public notice to the Defendant on July 2, 2010. The Plaintiff filed an application for compulsory auction on the real estate owned by the Defendant to Daejeon District Court C based on the judgment of first instance, and the Defendant was served with the original copy of the decision of first instance on April 10, 2018 and became aware of the declaration of the judgment of first instance on April 20, 2018.

Therefore, the appeal of this case was filed within two weeks from the date when the defendant knew that the judgment of the court of first instance was served by public notice, and is lawful by satisfying the requirements for subsequent completion of procedural acts.

2. Facts of recognition;

A. A. Around 2004, the Plaintiff filed a complaint against the Defendant and D as fraud, and the Defendant on November 24, 2004.

참조판례

-대법원 2006. 2. 24. 선고 2004다8005 판결

유사 판례

-서울고등법원 2018.10.19 2016나2065269

-광주고등법원 2019.10.02 2019나42

-광주고등법원 2019.11.06 2019나20893

-광주고등법원 2017.02.16 2016나1181

-광주지방법원 2015.01.23 2014나4060