1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

1. Determination on the legitimacy of a subsequent appeal

A. The gist of the parties' assertion 1) The plaintiff alleged that the defendant's appeal against the defendant was unlawful since the court of first instance had known that the plaintiff filed the lawsuit of this case due to the previous lawsuit, etc. filed by C, a truster of the building listed in the separate sheet, and the defendant intentionally changed his address or place of service to avoid service of the lawsuit documents, such as a duplicate of the complaint, etc., and the service of the document was conducted by public notice. Thus, the defendant's appeal against the defendant was not possible due to any cause not attributable to himself, and the defendant's appeal against the defendant was served by public notice. The defendant asserted that the duplicate of the complaint and the original copy of the judgment of the court of first instance were served by public notice. After the decision of the court of first instance was rendered on July 16, 2014, the original copy of the judgment was served by public notice only after perusal of the records of this case on July 17, 2014, and it did not make it difficult for a third party to sell the document of this case to the defendant.

B. Relevant factual basis 1) C Co., Ltd. (the first trade name was “C,” but was changed to “C,” as of June 7, 2012.

hereinafter referred to as “C”

) The Plaintiff seeks confirmation that there is no right of retention of the Defendant, which claims for the construction cost of KRW 1,088,400,000 as secured claim regarding the buildings listed in the separate sheet, as the Gwangju District Court 2012Gahap11596, Gwangju District Court No. 20156 (the same as the purport of the instant claim)

In response, the defendant filed a suit, and the defendant filed a claim by C, and the above court had already filed a claim by C on May 24, 2013.