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. Whether a subsequent appeal is lawful;

A. The Plaintiff’s assertion against the Defendant on October 8, 2015 based on the judgment of the first instance court, the Plaintiff filed an application to specify the property against the Defendant on October 8, 2015, and on October 27, 2015, a decision to specify the property was made and the written decision was served on November 2, 2015 on the Defendant.

Since the Defendant filed an appeal for the subsequent completion of the instant case on January 26, 2016, two weeks after the lapse of the appeal period, the subsequent appeal is unlawful, as it was filed after the lapse of the appeal period.

B. Unless there exist special circumstances, if a copy of a complaint, an original copy, etc. of judgment 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 comply with the peremptory period due to a cause not attributable to him and the defendant is entitled to file a subsequent appeal within two weeks from the date on which such cause ceases to exist. Here, "the date on which 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 the time when the party or legal representative became 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 the fact that

(See Supreme Court Decision 2007Da39734 Decided September 6, 2007). According to the purport of the entire statements and arguments set forth in the Evidence Nos. 1 and 2, the court of first instance rendered a judgment citing the Plaintiff’s claim on March 2, 2006 after delivering a copy of the complaint and a notice of the date of pleading by public notice to the Defendant by public notice. The original copy of the judgment was also served on the Defendant by public notice. Based on the judgment of first instance, the Plaintiff filed an application for property specification against the Defendant on October 8, 2015 with the District Court 2015Kao4318, the above court.