1. Of the judgment of the court of first instance, the part against the defendant in excess of the money ordered to be paid below shall be revoked.

1. Determination on the legality of the subsequent appeal

A. The plaintiff's main defense is a cause attributable to the defendant for failure to observe the period of appeal by submitting a written appeal for subsequent completion, even though the defendant lawfully served the copy of the complaint of this case and the judgment of the first instance court, etc., and the period of appeal has expired. Thus, the defendant's subsequent appeal is unlawful.

B. 1) On October 29, 2007, the Plaintiff filed an application for the instant payment order against the Defendant. On November 9, 2007, the court served the original copy of the instant payment order to the Defendant, but failed to serve the original copy of the payment order. The instant case was implemented as a litigation procedure. 2) On January 29, 2008, the Plaintiff filed an application for special service against the Defendant. On February 15, 2008, the court of first instance served the Defendant with the copy of the written complaint and the written guidance of lawsuit against the Defendant as “Yan-si B apartment 13-403 (hereinafter “the address of this case”). On February 23, 2008, the court served the Defendant at the domicile of the Defendant.”

3) The Plaintiff submitted a documentary evidence on March 13, 2008. The court of first instance served it on the Defendant on March 24, 2008, but sent it to the Defendant on March 24, 2008, which was not served due to the addressee’s unknown address. On June 19, 2008, the court of first instance sent the notice on the date for pleading as of June 25, 2008 to the Defendant who was not served with the addressee’s unknown address. 4) On July 8, 2008, the court of first instance concluded the pleadings while the Defendant was absent on the date for pleading as of July 8, 2008, and declared a judgment citing the Plaintiff’

On September 4, 2008, the court of first instance served an original copy of the judgment on September 1, 2008 on the defendant, but did not serve the original copy of the judgment on September 10, 2008.

5) On March 11, 2015, the Plaintiff applied for a compulsory auction against the Defendant’s share out of 338 square meters of land D in Gunsan-si. The former District Court rendered a decision to commence compulsory auction on March 12, 2015 (E) (E) on May 16, 2015, and the Defendant was served with the original copy of the said decision to commence compulsory auction on May 16, 2015, and submitted a written appeal to the court of first instance on May 26, 2015.