임대차보증금반환
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
[Claim]
1. If a copy of a written complaint of determination as to the legitimacy of an appeal for subsequent completion, and the original copy of the judgment, etc., were served by public notice, barring any special circumstance, the defendant was unaware of the service of the judgment without negligence, and in such a case, the defendant was unable to comply with the peremptory period due to a cause not attributable to him/her and thus, he/she may file an appeal for subsequent completion within two weeks after
Here, the term “after the cause has ceased” refers to the time when a party or legal representative becomes aware of the fact that the judgment was served by public notice, rather than simply knowing the fact that the said judgment was served by public notice. Thus, barring any special circumstance, it shall be deemed that the party or legal representative became aware of the fact that the judgment was served by public notice only when the party or legal representative inspected the records of the case or received
(see Supreme Court Decision 2010Da75044, 75051, Jan. 10, 2013). The first instance court rendered a judgment of the first instance that partially accepted the Plaintiff’s claim on July 3, 2019 after serving a copy of the complaint, notification of the date of pleading, etc. to the Defendant by public notice. The original judgment also served on the Defendant by means of service by public notice. The Defendant becomes aware of the fact that the first instance judgment was pronounced after being issued an original copy of the judgment on August 12, 2019 and became aware of the fact that the Defendant filed an appeal for subsequent completion of the first instance judgment on August 16, 2019, is apparent or obvious in the record.
In light of the above legal principles, the appeal of this case is legitimate within two weeks from the time the defendant knew of the fact that the judgment of the court of first instance was served by public notice.
2. On September 12, 2016, the Plaintiff leased the lease deposit amount of 280,000,000 won from the Defendant for Cheongju-si C apartment units D from the Defendant for the lease deposit, and the lease period from December 29, 2016 to December 28, 2018, and thereafter, the Plaintiff’s lease to the Defendant until December 28, 2016.