1. The appeal by the Defendant (Counterclaim Plaintiff) shall be dismissed;

2. The costs of appeal are assessed against the Defendant-Counterclaim Plaintiff.

purport, purport, and.

1. Determination on the defense prior to the merits

A. The plaintiff was unable to serve the original copy of the judgment of the court of first instance due to a cause attributable to the defendant, and the defendant's appeal of this case is unlawful.

(b) The following facts are clear in records:

1) The Plaintiff filed the instant lawsuit on January 28, 2014, and the court of the first instance is the same as the domicile of the Defendant as indicated in the Defendant’s resident registration abstract issued on February 26, 2014.

[2] In order to serve a duplicate, etc. of the instant complaint, each mail service, execution officer’s special service, etc. was conducted, but all of which were impossible to serve. On March 27, 2014, the duplicate, etc. of the instant complaint were served by public notice; the first date for pleading was designated as 1:30 on April 24, 2014; the Defendant served a notice of the date for pleading to the Defendant by public notice; on April 11, 2014, the date for pleading was served on April 24, 2014; and on May 22, 2014, the date for sentencing was designated as 10:00 on May 22, 2014; the Defendant directly received the instant complaint and the guide for litigation from the participating officials of the court of first instance on May 20, 2014; and submitted an application for resumption of pleadings to the court of first instance on the same date.

3) Accordingly, on May 20, 2014, the court of first instance revoked the order of service by public notice to the Defendant, and rendered a decision to resume the pleadings on May 21, 2014, and designated the date of second pleading as June 5, 2014, and served a notice of the date of resumption of pleadings on the Defendant’s domicile as indicated in the foregoing paragraph (1) on May 21, 2014, and served the Defendant’s notice of the date of resumption of pleadings on May 21, 2014. As the recipient was missing, service by registered mail was carried out.

4. On July 17, 2014, the Defendant filed an application for a litigation with the Suwon District Court Branch under the jurisdiction of 2014Kag-gu102, and received a decision from the above court on July 21, 2014 that “the defendant shall file a lawsuit against the defendant regarding the case, including the name map of the building at Ansan District Court 2014Kag-Ga3139,” and on September 29, 2014.