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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. Judgment on the legitimacy of the subsequent appeal
A. Unless there are special circumstances, if a copy of complaint, original copy of judgment, etc. 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 observe the peremptory period due to a cause not attributable to him, and thus, the defendant is entitled to file a subsequent appeal within two weeks after such cause ceases to exist. "after the cause ceases to exist." "after the cause ceases to exist" "after 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 when the party or legal representative becomes 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
B. (See, e.g., Supreme Court Decision 2004Da8005, Feb. 24, 2006).
According to the purport of the record and the whole pleadings, the first instance court, which sent the instant complaint to the Defendant’s resident registration address, was unable to serve and proceed with pleadings by means of service by public notice, and rendered a judgment citing the Plaintiff’s claim, and the original copy of the judgment was served to the Defendant by service by public notice. The Defendant becomes aware that the judgment was served by public notice only by perusal and reproduction of the records of the Daejeon District Court B real estate compulsory auction case on October 10, 2014, which commenced with the title of the first instance judgment, was served by public notice. It can be recognized that the Defendant filed an appeal subsequent to the subsequent completion of the case on October 23, 2014
Thus, the defendant could not comply with the peremptory appeal period, which is the peremptory period, due to a cause not attributable to him. Thus, the appeal filed within two weeks from the date the judgment of the court of first instance became final and conclusive.