logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산고등법원 2017.08.30 2016누23547
국유재산사용허가취소및원상회복처분 취소 청구의 소
Text

1. On April 9, 2017, the instant lawsuit was concluded as the withdrawal of an appeal.

2. The costs of the lawsuit after the request for setting the date.

Reasons

The following facts in the course of the case are clear in records:

On October 25, 2016, the Plaintiff was sentenced to a judgment against the Plaintiff from the court of first instance, and submitted a petition of appeal on October 25, 2016, and entered the address as “Bongsan-gu I” such as the address of the complaint.

On November 4, 2016, this Court sent a written order to prepare for clarification to the Plaintiff’s address reported by the Plaintiff, which was not served with the addressee’s unknown address, and sent it by registered mail pursuant to Article 185(2) of the Civil Procedure Act.

Since then, this Court has re-designated the first date for pleading as 11:10 on January 25, 2017, and again sent a notice of the date for pleading to the address above, but the notice was not served due to the addressee's unknown address, and the above b).

like this, a notice of the date of pleading was sent by registered mail.

The plaintiff was absent on the first day for pleading, and the defendant was present, but did not present.

In other words, this Court has designated the second date for pleading as of March 8, 2017 and sent a notice of the date for pleading to the address above. However, this Court did not serve the notice of the date for pleading to the address above.

like this, a notice of the date of pleading was sent by registered mail.

The plaintiff was absent at the date of the second pleading, and the defendant did not appear at the date of the said pleading after being present.

On July 6, 2017, the Plaintiff filed an application for the designation of a fixed date and submitted a service charge (e.g., payment) payment slip on July 13, 2017, and the Plaintiff’s address is indicated as “YJ building 301, Sinsan-si, Sinsan-si.”

The notification of the date of pleading and a duplicate of the response upon the application of the plaintiff was served to the above address again reported by the plaintiff.

Article 185(1) of the Civil Procedure Act provides that "When a party, legal representative, or attorney has altered the place of service, the purport thereof shall be immediately reported to the court," and the same provision shall apply.

arrow