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(영문) 대전지방법원 2018.10.23 2018나2613
건물인도
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

Under the facts on the basis of the judgment on the legitimacy of the appeal for the completion of the appeal, each of the facts is obvious or obvious to this court.

On October 11, 2017, the Plaintiff filed the instant lawsuit against the Defendant at the first instance court. Accordingly, the instant lawsuit-related documents, such as a duplicate of the complaint, were served as “Yannam-gu, Dong-gu, Chungcheongnam-gu, Seoul (hereinafter “instant domicile”), the Defendant’s domicile, and the Defendant directly received the instant lawsuit on October 17, 2017.

The court of the first instance served a notice of the date of rendering a judgement without pleading against the defendant on the domicile of this case, but it was impossible to serve the notice due to the absence of closure.

On December 4, 2017, the court of first instance delivered a notice of the date of pleading to the defendant by means of delivery.

After the court of first instance rendered the judgment in favor of the Plaintiff on December 6, 2017, the court served the original copy of the judgment on the Defendant on December 18, 2017, and served the original copy of the judgment ex officio on December 18, 2017, and thereby served the Defendant on January 3, 2018.

On December 22, 2017, the defendant did not know the circumstances in which the judgment was pronounced, and submitted a written answer.

On December 27, 2017, the court of first instance issued an order to submit a petition of appeal meeting the requirements to the defendant within the appeal period (the deadline for correction shall be within seven days from the date of service; hereinafter “instant order”). When the above order of correction sent to the address of this case was impossible to serve each of the above orders due to the addressee’s unknown address and the director’s unknown, the above order of correction served again on January 9, 2018, and the above order of correction served on the defendant on January 24, 2018.

On January 19, 2018, the defendant submitted a preparatory document and a report on the change of the place of delivery respectively.

Since then, the defendant inspected and copied records on April 4, 2018, and received an authentic copy of the judgment, and the appeal of this case on April 18, 2018 shall be filed with the court of first instance.

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