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(영문) 부산지방법원동부지원 2016.06.02 2015가단210370
건물명도
Text

1. The instant lawsuit was completed on March 11, 2016 by the final and conclusive date of March 29, 2016, when the decision to recommend reconciliation was rendered on March 11, 2016.

2...

Reasons

According to the records of this case, on March 11, 2016, this court rendered a ruling of recommending reconciliation with the purport that "the plaintiff shall pay 15,000,000 won to the defendant until April 30, 2016, but the defendant shall receive the above money from the plaintiff and deliver a building listed in the attached Table at the same time," and the above ruling of recommending reconciliation was served on the plaintiff on March 11, 2016 and March 14, 2016, and the defendant did not submit a written objection by March 29, 2016 after two weeks have passed since the above ruling of recommending reconciliation was served on the plaintiff.

According to the above facts of recognition, the instant lawsuit was concluded on March 29, 2016 after the decision to recommend reconciliation was finalized on March 11, 2016.

I would like to say.

In regard to this, the defendant asserted that the above objection was not received due to the computer error, which is the reason not attributable to the defendant, even though the defendant raised an objection on March 14, 2016 regarding the above decision of recommending reconciliation, and therefore, the above objection cannot be deemed to have been terminated due to the conclusion of the above decision of recommending reconciliation. However, according to the result of the fact inquiry by the National Court Administration, the above objection was completed through the website of electronic litigation on March 14, 2016, but it was recognized that the defendant did not submit the procedure after digital signature, and therefore, it cannot be deemed that the defendant raised an objection as to the above decision of recommending reconciliation on March 14, 2016.

Therefore, the lawsuit in this case is terminated by the decision of recommending reconciliation, and the defendant's decision to terminate the lawsuit is delivered with the decision of recommending reconciliation on April 8, 2016, because it is disputed with the subsequent completion of the decision of recommending reconciliation. It is so decided as per Disposition.

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