소유권이전등록
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. Determination on the lawfulness of a subsequent supplementary appeal
A. Article 173(1) of the Civil Procedure Act provides that “If a party is unable to observe the peremptory period due to any cause not attributable to him/her, he/she may supplement the procedural acts neglected within two weeks from the date such cause ceases to exist.”
In this context, “reasons for which the parties cannot be held liable” refers to the reasons why the parties could not observe the period even though they fulfilled their duty of care to conduct procedural acts, and where the original copy of the judgment was served to the Defendant by means of service by public notice, barring any special circumstance, the Defendant shall be deemed to have failed to know the service of the judgment without fault. Unless there are special circumstances, unless the Defendant was aware of the continuation of the lawsuit and was sentenced from the beginning and the original copy of the judgment was served to the Defendant by public notice and became aware of such fact, the Defendant’s failure to observe the peremptory term of appeal shall be deemed to have been attributable to the Defendant’s non-liability
(See Supreme Court Decision 2005Da27195 Decided November 10, 2005, etc.). B.
According to the records, the court of first instance may recognize the fact that the defendant served a duplicate of the complaint and the notice of the date for pleading on May 11, 2016, and served the plaintiff's claim on May 11, 2016, and the original copy of the judgment also served on the defendant by means of service by public notice, and the defendant becomes aware of the fact that the judgment of first instance was pronounced on December 15, 2016, and filed an appeal for subsequent completion on December 23, 2016.
C. Accordingly, the Defendant’s subsequent appeal is lawful since it was filed within two weeks from the date the Defendant became aware that the judgment of the first instance court of this case was served by public notice, and satisfies the requirements for subsequent completion of the litigation.
2.To the merits;