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(영문) 의정부지방법원 2019.11.12 2019나3630
공유물분할
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

1. Determination on the legitimacy of a subsequent appeal

A. The appeal of this case filed by the Plaintiff by the Defendant is unlawful as it was filed after the appeal period expired.

B. According to the records of this case, the following facts are recognized.

1) The Defendant received a duplicate of the complaint of this case on July 23, 2018, the application for amendment of the purport of the claim on November 12, 2018, and the written evidence submitted by the Plaintiff on December 19, 2018, respectively. 2) The Defendant received a notice of the first date of pleading on August 30, 2018, the notice of the second date of pleading on September 20, 2018, the notice of the second date of pleading on September 20, 2018, the notice of the second date of pleading on November 12, 2018, and the notice of the date of pleading on December 19, 2018, respectively.

3) At the first instance court, the entire five pleadings were in progress, and the Defendant did not appear at one time, and the presiding judge of the first instance court closed the pleading on February 14, 2019, and sentenced the first instance judgment on March 7, 2019. (4) The court of first instance served the original copy of the first instance judgment against the Defendant, but the service of the original copy of the first instance judgment on April 13, 2019 was impossible due to the absence of a closed text, serving the original copy of the first instance judgment on the Defendant, serving the original copy of the first instance judgment by public notice on April 13, 2019.

5) On July 2, 2019, the 14th day after the Defendant submitted a written appeal to the court of first instance on July 2, 2019. (c) If the original copy of the judgment of first instance was served on the Defendant by means of service by public notice, the service is effective even if the Defendant’s address is false or insufficient, so the service becomes effective even if the service is conducted on the part of the period for appeal (see, e.g., Supreme Court Decisions 2007Da41560, Feb. 28, 2008; 90Meu2859, Nov. 27, 1990; 90Da2859, Nov. 27, 199). In such cases, the Defendant may file a subsequent appeal by asserting that the Defendant was unable to file an appeal within the period for appeal due to any cause for which he was not responsible (see, e.g., Supreme Court Decisions 94Da27922, Oct. 21, 1994>

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