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. Determination on the legality of the subsequent appeal

A. The following facts are recognized by the records of this case or are significant in this Court:

On July 10, 2007, the Plaintiff applied for the payment order against the Defendant, Co-Defendant C, and D in the first instance trial as the Daegu District Court 2007 tea10214.

C and D submitted a written objection against the above payment order on July 26, 2007, and as the original copy of the payment order against the defendant was impossible to be served due to the absence of the recipient, the above payment order case was implemented as the litigation procedure of Daegu District Court 2007 Ghana252316.

B. On October 9, 2007, the court of first instance ordered the Defendant to serve by public notice, and served the Defendant with a copy of the complaint, notice of date for pleading, etc. by public notice, and declared a judgment accepting the Plaintiff’s claim against the Defendant on April 16, 2008, and served the original copy of the judgment to the Defendant by public notice.

C. On February 28, 2017, the Plaintiff filed an application for property specification against the Defendant with the Daegu District Court No. 2017Kao460, the title of the judgment of the first instance court as the title of execution.

The above court served the defendant with a certified copy of the decision on the specification of property and a written request for attendance on the date of specification of property. The certified copy of the decision on the specification of property was stated as the execution title in the Daegu District Court’s 2007Gau252316 decision.

On March 17, 2017, the Defendant was directly served with a certified copy of the decision to specify the property, and submitted a list of property and a written oath prepared directly by attending the meeting on the date of specification of property on June 12, 2017.

On May 23, 2019, the defendant was issued an authentic copy of the judgment of the court of first instance, and submitted a written appeal for subsequent completion to the court of first instance on the same day.

B. In order to recognize a subsequent appeal under Article 173 of the Civil Procedure Act as lawful, the parties could not comply with the peremptory period of the appeal due to a cause not attributable to them, and the reasons have ceased to exist.