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. According to the record on the legality of an appeal for subsequent completion, the Plaintiff filed the instant lawsuit against the Defendant on April 1, 2016, and the first instance court of the instant case rendered a favorable judgment of the Plaintiff on September 28, 2016, following the process of pleadings by public notice, and rendered a favorable judgment of the Plaintiff on September 28, 2016. The original of the judgment was served on the Defendant by public notice. The Defendant becomes aware of the fact that the first instance judgment was rendered only on March 3, 2017, and the Defendant filed the instant appeal for subsequent completion on March 8, 2017.

According to the above facts, it is recognized that the defendant did not know of the progress and result of the lawsuit in this case due to a cause not attributable to himself, and failed to observe the peremptory appeal period, which is the peremptory term, filed an appeal for subsequent completion within two weeks after he became aware of the progress and result of the lawsuit in the first instance.

Therefore, the appeal of this case is lawful.

Since Gwangju District Court 2016Kahap79 case is a separate case from the instant lawsuit, even if the Defendant was aware of the progress and result of the instant provisional disposition, such circumstance alone cannot be readily concluded that the Defendant was aware of the progress and decision of the first instance judgment.

On a different premise, the Plaintiff’s assertion that the instant appeal is unlawful is rejected.

2. Basic facts

A. 1) The Plaintiff is a temple located in Jeonyang-gun C, Jeonyang-gun, and D is well-known by the Plaintiff. 2) The Defendant is a legal entity established on February 25, 2015 for the purpose of the establishment, operation, management, etc. of an enshrinement facility, and E is the father of F, the representative director of the Defendant.

B. D and E on January 20, 2015, the building indicated in the separate sheet (e.g., the theater; hereinafter “instant building”) within the Plaintiff’s temple on January 20, 2015.

(2) In relation to the operation of the Fund, the following business arrangements were concluded (hereinafter referred to as the “First Business Agreement”).

(b)..