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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. If a copy of a complaint of determination as to the legitimacy of a subsequent appeal and an original copy of the judgment were served by public notice, barring any special circumstance, the defendant was unaware of the service of the judgment without negligence. In such a case, the defendant is unable to comply with the peremptory term due to a cause not attributable to him/her and thus, he/she is entitled to file an appeal for subsequent completion 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 either the party or legal representative is not simply aware of the fact that the judgment was served by public notice, but the fact that the judgment was served by public notice is known by public notice, barring any other special circumstance. Thus, in ordinary cases, the party or legal representative becomes aware
(2) According to the records, the court of first instance (see, e.g., Supreme Court Decision 2004Da8005, Feb. 24, 2006). The court of first instance rendered a judgment in favor of the Defendant on June 22, 2018 after delivering documents related to the lawsuit, such as a duplicate of the complaint, by public notice, to the Defendant, and rendered a judgment in favor of the Plaintiff on June 22, 2018. The original copy of the judgment was served by public notice to the Defendant. The Defendant was not aware of the fact that the judgment of first instance was pronounced. On August 2, 2018, the court of first instance rendered a compulsory decision to commence the auction (Seoul Central District Court C) on the real estate owned by the Defendant as executive title, and the auction procedure was in progress on August 13, 2018, upon applying for perusal and duplication of the records of the auction case, and filed an appeal for the completion of the instant case on August 17, 2018.