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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Determination on the legitimacy of an appeal
(a) Facts below the facts of recognition may be recognized, or may be remarkably known to this court, by taking account of the overall purport of the pleadings, in each entry in Gap evidence Nos. 8, Eul evidence Nos. 2 to 4, and 12 (including paper numbers).
1) On February 14, 2018, the Plaintiff filed a lawsuit against the Defendant for objection against the Incheon District Court 2018Kadan5149, and entered the Defendant’s address as “In Mancheon-gu E and F, the domicile of the Defendant on the resident registration.” 2) On February 27, 2018, the first instance court ordered the Plaintiff to rectify the address on the ground that the Plaintiff’s domicile was still registered as “In Mancheon-gu E and F, Yeonsu-gu, and the Plaintiff filed a special delivery on the ground that the Defendant’s resident registration address was still registered as “In Mancheon-gu E and F.”
3) Accordingly, the first instance court sent a copy of the complaint to the above address. On March 16, 2018, the enforcement officer of the Incheon District Court served the defendant with a copy of the complaint or complaint in the “In Mancheon-gu G apartment and H” around the above address (However, the notice on the reason of service prepared by the enforcement officer at the time includes two or more parties’ signature or seal impression in the letter of signature or seal impression.
4) Since then, the first instance court, which did not submit a written response, did not serve a notice of the date to the Defendant’s domicile, but did not serve a notice of the date.
5) On May 17, 2018, the first instance court sent a notice of date to serve the Plaintiff’s winning judgment as a non-litigation on May 17, 2018. When the original judgment was served to the Defendant’s domicile but it was impossible to serve the original judgment twice due to the absence of closure, the service by public notice was made by July 4, 2018 and the service became effective on July 4, 2018. (6) The Defendant was issued the authentic copy of the first instance judgment on August 21, 2018, and submitted a written appeal for subsequent completion
B. “Grounds for which a party cannot be held liable” under Article 173(1) of the Civil Procedure Act means that a party conducts litigation.