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(영문) 의정부지방법원 2017.12.20 2017나211208
명의개서절차이행청구 등의 소
Text

1. The appeal of this case shall be 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 following facts of recognition are apparent in, or obvious to, the record:

1) On February 20, 2017, the Plaintiff filed a lawsuit against the Defendant for the transfer of a title to a district court (2017 group 103771). On February 20, 2017, the first instance court filed a lawsuit against the Defendant for the transfer of title to a district court (2017 group 103

(2) On March 3, 2017, the first instance court served a notice of the sentencing date (non-drawing) on the Defendant, but was not served due to the absence of closure, and the first instance court sent the said document and sent it to the Defendant.

3) On September 12, 2017, the first instance court rendered a judgment citing the Plaintiff’s claim, and served the original copy of the judgment to the Defendant but is not served as a director’s unknown, and served the original copy of the judgment on June 15, 2017, and became effective on June 30, 2017. (4) The Defendant submitted the instant written appeal for subsequent completion to the first instance court on September 12, 2017.

B. The Plaintiff asserted that the Defendant’s subsequent appeal did not satisfy its requirements, and thus, the Plaintiff’s defense of safety is unlawful.

C. When a recipient of service has not been present at the place where the service was to be made, documents may be served by delivering them to his/her office worker, employee, or cohabitant (Article 186(1) of the Civil Procedure Act). Subsequent completion of procedural acts is to enable the parties to supplement the procedural acts neglected within two weeks from the date on which such cause ceases to exist, in cases where the parties are unable to comply with the peremptory period due to a cause not attributable to themselves (Article 173(1) of the Civil Procedure Act). Article 173(1) of the Civil Procedure Act provides, “Any reason for which the parties cannot be held liable” is generally required for the said procedural acts.

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