1. The judgment of the court of first instance is modified as follows.

The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) is charged with KRW 3,00,000.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. If the legality, copy, original copy, etc. of a written appeal for subsequent completion are served by public notice, barring any special circumstance, the defendant was unaware of the service of the judgment without negligence, and in such a case, the defendant may file an appeal for subsequent completion within two weeks after the cause ceases to exist because he/she was unable to comply with the peremptory period due to a cause not attributable to him/her.

Here, the term “after the cause has ceased” refers to the time when a party or legal representative becomes aware of the fact that the judgment was rendered by public notice, rather than the time when the party or legal representative becomes aware of the fact that the judgment was served by public notice. Barring any special circumstances, it shall be deemed that the party or legal representative becomes aware of the fact that the judgment was served by public notice only when the records of the case were

(see Supreme Court Decision 2010Da75044, 75051, Jan. 10, 2013). As to the instant case, the fact that the health department and the first instance judgment were conducted by service by public notice from the delivery of a copy of a complaint to the delivery of the original copy of judgment, is apparent in the record, and the Defendant is aware of the fact that the first instance judgment was pronounced. It is evident that the Defendant filed an appeal to complete the instant case on May 24, 2017, two weeks from the filing of the application for perusal on May 22, 2017.

If there are these circumstances, the defendant failed to observe the appeal period due to a cause not attributable to the defendant, and filed an appeal for subsequent completion within two weeks from the time the cause ceases to exist, so the defendant's appeal for subsequent completion is lawful.

2. Facts of recognition;

A. The land size of 243 square meters in Gangnam-gu Seoul Metropolitan Government is an aggregate building, including 302 square meters on the ground (hereinafter “302 square meters”), which is a site of the said aggregate building. As to the said site, the registration of the right to collateral security on December 28, 2009 is the registration of the right to collateral security on the ground.

A. A.

B. Meanwhile, on the other hand.