사해행위취소
The defendant's appeal is dismissed.
Expenses for appeal shall be borne by the defendant.
Purport of claim and appeal
purport.
1. Determination on the legitimacy of a subsequent appeal
(a)The following facts of recognition are apparent or obvious to this Court in the records:
1) The first instance court served a duplicate, etc. of the complaint of this case on the Defendant’s domicile, and C, the Defendant’s spouse, received the above documents on December 4, 2018. 2) The Defendant did not submit any documents, such as a written reply, even after receiving a duplicate, etc. of the complaint. The first instance court served a written application for change of the purport of the claim and the cause of the claim, and a written notice of the pronouncement date of a non-divation as the Defendant’s address, but it is impossible to serve on the Defendant’s address as a result of the absence of each closure, the written application for change of the purport of the claim and the cause of the claim was served on January 30, 2019, and the written notice of pronouncement date
3) On March 20, 2019, the first instance court sentenced the judgment on March 20, 201. However, when the original of the judgment attempted to serve the original of the judgment as the Defendant’s domicile, but it was impossible to serve the original of the judgment due to absence of documents, the judgment by public notice was served on March 27, 2019. On April 10, 2019, the first instance court served the Defendant by public notice at the time of service. (4) The first instance judgment was formally confirmed on April 25, 2019 when the period for filing an appeal by the Defendant lapsed, and the Defendant submitted the instant written appeal for the subsequent completion to the point of July 11, 2019.
B. (1) Subsequent completion of procedural acts refers to the case where a party was unable to comply with the peremptory period due to a cause not attributable to him/her, thereby enabling him/her to supplement the procedural acts neglected within two weeks from the date on which such cause ceases to exist (see Article 173(1) of the Civil Procedure Act and Article 173(1) of the Civil Procedure Act “reasons not attributable to the party” refers to the causes for which the party was unable to comply with the said period even though he/she had exercised the due diligence to do the procedural acts in general.
Therefore, it is inevitable to serve documents by public notice as a result of the impossibility of serving documents in the process of litigation.