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(영문) 부산지방법원 2019.01.11 2018나3202
건물인도
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

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

Reasons

1. Article 173(1) of the Civil Procedure Act provides, “Where a party is unable to comply with the peremptory period due to any cause not attributable to him/her, he/she may supplement the litigation by neglecting his/her duty of care within two weeks from the date such cause ceases to exist.” Here, “reasons not attributable to the party” refers to the reason why the party was unable to comply with the period, even though the party performed his/her duty of care generally required for conducting the litigation.

However, in a case where the original judgment was served on the Defendant by public notice, barring any special circumstance, the Defendant shall be deemed to have failed to know the service of the judgment without fault. If the Defendant was sentenced from the beginning without knowing the continuation of a lawsuit and the Defendant became aware of such fact only after the original judgment was served to the Defendant by public notice, barring any special circumstance, it shall be deemed that the Defendant’s failure to observe the peremptory period for filing an appeal due to any cause not attributable to the Defendant.

(see, e.g., Supreme Court Decision 2005Da27195, Nov. 10, 2005). The first instance court (see, e.g., Supreme Court Decision 2005Da27195, Dec. 20, 2017); and the first instance court (see, e.g., Supreme Court Decision 2005Da27195, Dec. 21, 2017; Dec. 22, 2017; the Defendant’s domicile on the Defendant’s resident registration (U and E); and the copy of

A summary statement, purport of a claim, and a statement of change of the cause of the claim were served but all impossible to be served due to the absence of the text, and the special service by an execution officer at night is also impossible on January 22, 2018; January 25, 2018; January 30, 2018; January 30, 2018; February 7, 2018; February 12, 2018; and February 19, 2018; the court of first instance issued a decision by public notice; the court of first instance rendered a decision by public notice; the court rendered a favorable judgment of the Plaintiff on May 9, 2018; and served the original copy of the judgment.

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