1. The appeal by the counterclaim defendant is dismissed.

2. The costs of appeal shall be borne by the counterclaim Defendant.

Purport of claim and appeal

1..

1. The reasoning of the court's explanation concerning this case is as follows, except where the counterclaim defendant added the following determination as to the matters alleged in the trial, and therefore, it is identical to the part of the reasoning of the judgment of the first instance. Thus, it is citing this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Additional determination was delegated to a certified judicial scrivener at the time of the bankruptcy and application for immunity. The above certified judicial scrivener also perused and copied the auction records of this case, and the counter defendant did not know the contents thereof. Thus, there is no evidence to acknowledge the above facts asserted by the counter defendant. Even if the counter defendant delegated a certified judicial scrivener with inspection, copying, bankruptcy, and application for immunity to the counter defendant, since the act of the counter defendant was performed by the counter defendant to prepare and submit documents in accordance with his/her own will. Thus, as long as the certified judicial scrivener perused and copied the relevant documents, the above act of the counter defendant was performed by the counter defendant to prepare and submit documents, it is in accordance with the empirical rule to view that he/she knew of the situation about the above act. Since the date of distribution of the auction of this case was made on October 4, 2013, and the counter defendant did not know about the existence of the obligation to file a request for immunity on October 31, 2013, the counterclaim defendant did not actively accept the above claim related to the auction, etc.

3. According to the conclusion, the claim of the counterclaim is justified, and the judgment of the court of first instance is just in conclusion, and the appeal by the counterclaim defendant is without merit.