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Reasons
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(영문) 서울중앙지방법원 2020.02.14 2019나42343
손해배상(건)
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1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

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

Reasons

1. The court of first instance rendered a judgment in favor of A on May 15, 2019 after delivering a copy of complaint against the defendant and a notice of date for pleading to the defendant by public notice. On May 18, 2019, the original copy of the judgment was also served on the defendant by public notice. On July 22, 2019, the plaintiff received a decision of compulsory commencement of auction (Seoul Central District Court E) as to the Seoul Jongno-gu D land and buildings owned by the defendant on the title of title. On July 12, 2019, the defendant submitted an application for perusal and duplication to the above auction court on July 12, 2019, and later became aware of the fact that the first instance court rendered a subsequent appeal on July 19, 2019, which is within two weeks thereafter, was accepted by the records. According to this, the defendant’s subsequent completion of appeal cannot be deemed legitimate due to the defendant’s failure to comply with the requirements for peremptory period of appeal by public notice.

2. Determination

A. (1) On July 25, 2016, A entered into a lease agreement with the Defendant to set the lease deposit amount of KRW 20,000,000 for the first floor among the buildings located in Jongno-gu Seoul Metropolitan Government D (hereinafter “instant commercial building”) owned by the Defendant, and the lease period of KRW 600,000 for the monthly rent from July 25, 2016 to July 24, 2018, and operated the F public room from around that time.

(2) G (H) who is the Defendant’s father, suffered from 23 years of age her fladitic disease, and around June 11, 2018, G was punished by a fine of KRW 2,000,000 due to the crime of destroying the building due to the above crime.

(Seoul Central District Court 2018 High Court 201563. (3) Seoul Rehabilitation Court No. 2010218, Mar. 18, 2019 to A as Seoul Central District Court No. 2019Hadan10218, 2019.

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