2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

A. On October 8, 2010, the Plaintiff filed the instant lawsuit seeking the payment of damages against the Defendant, and entered “Seoul Yangcheon-gu apartment No. 3, 402, Seoul, as the Defendant’s domicile, on the resident registration address.”

B. On April 14, 2011, the court of first instance rendered a judgment citing the Plaintiff’s claim on April 14, 201 by serving a copy of the complaint of this case sent to the Defendant’s domicile on the Defendant’s resident registration and serving it by public notice. The original copy of the judgment was served on the Defendant by public notice on April 22, 201.

C. Meanwhile, C had the Seoul Southern District Court D (hereinafter “instant compulsory auction”) rendered a decision to commence compulsory auction on apartment owned by the Defendant based on the executory exemplification of the protocol of mediation. On August 22, 2013, the Plaintiff filed an application for demand for distribution by submitting the original copy, etc. of the judgment of the first instance court in the instant compulsory auction procedure on August 22, 2013. On February 4, 2014, the Defendant perused and copied the record of the said compulsory auction case.

On March 27, 2014, the defendant submitted a written appeal for the subsequent completion to the court of first instance.

[Ground of recognition] Facts without dispute, entry of Gap evidence 10, 19 through 22 (including branch numbers, if any) and the purport of the whole pleadings

2. Whether the subsequent appeal of this case is lawful

A. In order to recognize a subsequent appeal under Article 173 of the Civil Procedure Act as lawful, the parties could not have complied with the peremptory period for filing a lawsuit due to any cause not attributable to them, and the appeal which is the procedural acts negligent within two weeks from the date on which such cause ceases to exist. In the case where the judgment of the court of first instance was served by public notice, "the date on which the cause ceases to exist" means the time when the defendant was not simply aware of the fact that the judgment was rendered, but the fact that the judgment was served by public notice was known by public notice.