1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The plaintiff's claim against the defendant is dismissed.

3...

1. According to the records of this case, the court of first instance rendered a judgment citing the Plaintiff’s claim on October 11, 2006 after serving a copy of the complaint against the Defendant, notice of the date of pleading, etc. by public notice, on the date of pleading against the Defendant, and served the Defendant by public notice on October 28, 2006. The original copy of the judgment was served on the Defendant by public notice.

On January 19, 2017, the Defendant received an original copy of the judgment of the first instance on January 19, 2017 and became aware that the judgment of the first instance was served by public notice, and filed an appeal for subsequent completion on January 23, 2017.

Therefore, since the defendant could not comply with the peremptory period, which is the peremptory period, due to a cause not attributable to him, the appeal of this case filed by the court of first instance to the defendant within two weeks from the date on which he became aware that the judgment was served by public notice is lawful

2. Determination as to the cause of action

A. The Plaintiff asserted that: (a) the Plaintiff paid KRW 50,000,000 to the D Building 201 (hereinafter “instant store”) to the lessee of the instant shop in Bupyeong-gu, Busan; (b) on September 1996, the Defendant acquired the ownership of the instant store; and (c) on October 10, 1996, the Plaintiff, the Plaintiff, the lessee, and the Defendant, and the Nonparty, who were living together with the Defendant, entered into a lease agreement on the instant store (a lease agreement (a lease agreement (a lease agreement between the Defendant, the lessee, the Plaintiff, and the Plaintiff), KRW 50,00,000, which shall be KRW 50,000 paid to the F, which shall be substituted for KRW 50,000,000).

When the plaintiff requested the defendant and C to prepare a receipt for the lease deposit, on November 7, 1996, the plaintiff, the defendant, and C prepared a receipt (Evidence A 6) stated in C, which is the defendant and the joint and several sureties, from the place where C was received.

On July 5, 1997, the instant store was sold to E, while the auction procedure on the instant store was in progress, and the Plaintiff was in the said auction procedure.