부당이득금 반환
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. Whether a subsequent appeal is lawful;
A. Unless there are special circumstances, if a copy of complaint, original copy of judgment, etc. were served by service by public notice, the defendant was not aware of the service of the judgment without negligence. In such a case, the defendant was unable to observe the peremptory period due to a cause not attributable to him, and thus, the defendant is entitled to file a subsequent appeal 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 to the time when the party or legal representative becomes aware of the fact that the judgment was served by public notice, rather than when the party or legal representative becomes aware of the fact that the judgment was served by public notice. In ordinary cases, unless there are other special circumstances, it shall be deemed that the party or legal representative becomes aware of
B. (See Supreme Court Decision 2004Da8005 delivered on February 24, 2006).
In light of the above legal principles, the first instance court served a copy of complaint against the defendant by public notice, notification of date for pleading, etc. on May 9, 2014, and served the plaintiff's claim against the defendant by public notice. On September 3, 2014, the original copy of the judgment was also served on the defendant by public notice. On September 3, 2014, the defendant reported a notice on the case for F compulsory auction of real estate at Suwon District Court, which was issued by the execution officer of Suwon District Court on September 4, 2014, to the Suwon District Court where the auction is in progress on September 4, 2014, and received a certified copy of the judgment by public notice. The fact that the first instance court filed a subsequent appeal on September 17, 2014, which was before two weeks have passed thereafter, is apparent in the record that the defendant's appeal for subsequent completion of the lawsuit at issue satisfies legitimate requirements.