(영문) 서울서부지방법원 2018.11.30 2018나1531

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울서부지방법원 2018.11.30 2018나1531

건물명도(인도)

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. If a copy of the complaint and the original copy of the judgment were served by public notice as to the legitimacy of the appeal of this case, barring any special circumstance, the defendant was unaware of the service of the judgment without negligence. In such a case, the defendant is unable to comply with the peremptory term due to a cause not attributable to him/her and thus, he/she is entitled to file an appeal for subsequent completion within two weeks after such cause ceases to exist. "after the cause ceases to exist." "after the cause ceases to exist." "after the cause ceases to exist" refers not to the time the party or legal representative was aware of the fact that the judgment was served by public notice, but to the time when the party or legal representative became aware of the fact that the judgment was served by public notice, barring any other special circumstance. Thus, in ordinary cases, the parties or

(See Supreme Court Decision 2004Da8005 Decided February 24, 2006, etc.). According to the records, the first instance court is recognized to have filed the instant appeal for subsequent completion on June 22, 2018, knowing that the first instance court served the Defendant with the documents related to the lawsuit, such as a duplicate of the complaint, by public notice, and served the Defendant on May 25, 2018, and served the original copy of the judgment by public notice.

Thus, the appeal of this case was filed within two weeks from the date the defendant knew that the judgment of the court of first instance was served by service by public notice, and is lawful.

2. Determination as to the cause of the instant claim

A. On May 27, 2017, the Plaintiff leased the real estate listed in the attached list to the Defendant as KRW 1,500,000 for one month without a deposit, without a deposit, to the Defendant, for one month after the lapse of one month, and thereafter set the lease deposit as KRW 10,00,000, monthly rent, KRW 1,400,000, and the lease period as one year.

참조판례

-대법원 2006. 2. 24. 선고 2004다8005 판결

유사 판례

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