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. Whether a subsequent appeal is lawful;

A. The Plaintiff asserted that the judgment of the court of first instance applied for an explanation of property against the Defendant. Accordingly, the Defendant appeared on September 26, 201 and performed the obligation to specify the property on the date of specification of property.

However, the defendant filed an appeal to complete the appeal on November 9, 2017 from which two weeks have elapsed since the lapse of the period of appeal. The appeal to complete the appeal in this case is unlawful as it was filed after the lapse of the period of appeal.

B. Unless there exist special circumstances, if a copy of a complaint, an original copy, etc. of judgment were served by service by public notice, the defendant was not aware of the service of the judgment without negligence. In such a case, the defendant was unable to comply with the peremptory period due to a cause not attributable to him and the defendant is entitled to file a subsequent appeal within two weeks from the date on which such cause ceases to exist. Here, "the date on which the cause ceases to exist" refers to the time when the party or legal representative becomes aware of the fact that the judgment was served by public notice, rather than the time when the party or legal representative became aware of the fact that the judgment was served by public notice. In ordinary cases, unless there are other special circumstances, it shall be deemed that the party or legal representative becomes aware of the fact that

(2) According to the records of this case, the court of first instance rendered a judgment accepting the Plaintiff’s claim on June 13, 2008 by serving a copy of the complaint and the date for pleading by public notice, and rendered a judgment accepting the Plaintiff’s claim on June 13, 2008, and served the original copy of the judgment to the Defendant by public notice. Based on the judgment of first instance, on July 15, 2011, the Plaintiff filed an application against the Defendant for an explanation of the property with the Suwon District Court Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Office 2011Kao893 on August 16, 201, and the said court filed the Defendant an application on August 16, 2011.