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. Facts of recognition;

A. Upon filing the instant lawsuit on February 13, 2015, the Plaintiff stated the Defendant’s address in the complaint “Seoul building and 319-2”.

The above address was the location of the principal office of the company D, which was a company director at the time, and the instant warden served the above address on March 5, 2015, and signed by the “Seowon E” as the delivery recipient.

B. On May 25, 2015, the court of first instance: (a) designated the date for pleading as “as of May 28, 2015,” and served a notice of the date for pleading to the said address; and (b) sent it to the said address on May 25, 2015, when the notice of the date for pleading was served again;

After that, the defendant, who did not appear on May 28, 2015, concluded the pleadings on the day when the plaintiff was not present on the above date for pleading, and declared a judgment citing the plaintiff's claim in whole.

C. On June 18, 2015, the court of first instance issued an order on June 18, 2015 that the original copy of the judgment was sent to the Defendant to the above address, but the service of the original copy of the judgment with respect to the Defendant by public notice was not served. Accordingly, on July 3, 2015, the service by public notice of the original copy of the judgment with respect to the Defendant became effective and the judgment of the first instance court became final and conclusive around that time.

The plaintiff applied for a compulsory auction on the real estate owned by the defendant according to the final judgment of the first instance court (U.S. District Court SupportF.), and the court rendered the decision to commence the auction on September 23, 2015.

The decision on commencement of the above auction was served on October 2, 2015 with the defendant's resident registration, "Sang City G apartment, 116 Dong 302," which is the defendant's domicile, and "Ha Government H" signed as the defendant's recipient of delivery.

E. On June 8, 2016, the Defendant submitted a subsequent petition of appeal regarding the judgment of the first instance court to the court of first instance.

[Ground of recognition] without any dispute, entry of Gap No. 11, 13, and 14, obvious facts in this court, and purport of whole pleadings

2. Whether the defendant's subsequent appeal is lawful

(a)a party’s liability provided for in Article 173(1) of the Civil Procedure Act;