1. The judgment of the court of first instance is modified as follows.

The plaintiff succeeding intervenor's claim against the defendant is dismissed.

2...

On January 15, 2016, the Plaintiff filed the instant lawsuit against the Defendant on January 15, 2016, and the first instance court served the Defendant with a copy, etc. of the complaint by means of service by public notice, and sentenced the Defendant on September 7, 2016, and the original copy of the judgment was also served on the Defendant by public notice on September 9, 2016.

In addition, according to the purport of the whole pleadings, the defendant seems to have become aware of the existence of the judgment of the court of first instance around February 9, 2018, and submitted a written appeal for subsequent completion on February 19, 2018.

Thus, the Defendant filed the instant subsequent appeal on February 19, 2018, which was not more than two weeks after the first instance court became aware that he was unaware of the progress of the instant lawsuit and its result, etc. due to a cause not attributable to himself, was served by public notice, and accordingly, the instant subsequent appeal is lawful.

Facts of recognition

On March 25, 2014, the Plaintiff lent KRW 35,000,00 to D with a loan interest rate of 27.1% (annual interest rate of 29%) and a loan period of 60 months.

(hereinafter “instant loan”). Around February 28, 2004, the Defendant, who had a legal spouse at the time of D and D, purchased the instant real estate by 1/2 equity shares, and completed the registration of ownership transfer on March 31, 2004.

(hereinafter referred to as “instant share”). D on November 13, 2015, concluded a donation contract with the Defendant for the instant share (hereinafter “instant donation contract”) with respect to the instant share, and completed the registration of ownership transfer with respect to the instant share on November 16, 2015 to the Defendant.

At the time of the conclusion of the donation contract of this case, the right to collateral security (hereinafter “mortgage”) was set up on the instant real estate in the amount of KRW 203,640,00,000, the mortgagee, D, and the maximum debt amount.

On November 28, 2015, the Defendant sold the instant real estate in KRW 298,00,000 to G, and completed the registration of ownership transfer on January 11, 2016.