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(영문) 서울고등법원 2016.10.28 2016나2016885
손해배상(기)
Text

1.The judgment of the first instance shall be modified as follows:

1 Defendant AE and Defendant AE Law Firm are jointly provided for in the Plaintiff A, B, and I.

Reasons

1. Basic facts

A. The plaintiffs are the buyers of AK apartment (hereinafter "the apartment of this case"), and the defendant AE, including the plaintiffs, changed the status of the plaintiffs to the attorney at the first instance court (Seoul Central District Court 2012 Gohap6207) of the case where the buyer of the apartment of this case filed a lawsuit against the buyer of the apartment of this case (hereinafter "the apartment of this case") such as return of unjust enrichment against the buyer of the apartment of this case, etc. (hereinafter "the apartment of this case") and the attorney at the court of first instance (Seoul Central District Court 2012 Gohap6207) who is responsible for the representative of the buyer of the apartment of this case, and the law firm NN (hereinafter "the defendant law firm") who is pending in the lawsuit of this case from the name of "former Law Firm AF", on October 14, 2014, when the judgment of the court of first instance was delivered to the court of first instance, was involved in the process of submitting the petition of appeal in order to delegate the lawsuit of the buyer of this case.

B. In the first instance court of the instant apartment lawsuit, Defendant AE acting as an agent for the buyers of the instant apartment, including the Plaintiffs, at the first instance court of the instant apartment lawsuit, and on January 8, 2014, the court of the first instance rendered a judgment dismissing the claim of the buyers of the instant apartment. 2) The original copy of the judgment was sent to Defendant AE through the electronic litigation system on January 13, 2014, but was deemed to have been served on January 21, 2014 due to the relationship in which Defendant AE did not confirm delivery.

3) As above, the period of appeal calculated from January 21, 2014, the lawful time limit for appeal is February 3, 2014. (c) On January 25, 2014, Defendant Law Firm opened an explanatory meeting on the appellate trial of the instant apartment lawsuit (hereinafter “instant explanatory meeting”) with respect to the buyers of the instant apartment, including the Plaintiffs, on January 25, 2014, and some of the Plaintiffs are against Defendant Law Firm.

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