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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Reasons
1. The following facts are significant in this Court:
On June 26, 2015, the Plaintiff filed the instant lawsuit against the Defendant, and entered the Defendant’s delivery address as “Seoul Apartment Co., Ltd. 103 Dong 305, 2015.”
On July 3, 2015, the court of first instance served a duplicate of the complaint and a notice of lawsuit to the address of the defendant.
B. On July 10, 2015, the Defendant submitted a written reply and accompanying documents to the court of first instance. On July 24, 2015, the Defendant was served on July 21, 2015 at the address.
C. The court of first instance served a notice of the first date for pleading on the domicile of the Defendant by mail, but did not serve three times from February 17, 2016 to February 19, 2016 as a closed door absence, and served it by the method of delivery.
On March 15, 2016, the court of first instance served the second written notice of the date of pleading on the same address by mail, but served on March 15, 2016.
Since then, the court of first instance served to the defendant by mail the notification of the date of pleading, the purport of the claim, and the application for change of the cause of the claim to the above address, but served the notification by means of delivery to the defendant who is not served with the director's unknown address, and eventually, the pleading was concluded by not later than three days
E. On May 12, 2016, the court of the first instance rendered a judgment accepting the Plaintiff’s claim. On May 18, 2016, the court served the original copy of the judgment to the above address by mail, but is not served by the director’s unknown, and on May 23, 2016, served the original copy of the judgment by service by public notice and became effective on June 7, 2016.
F. On October 11, 2016, the Defendant filed an appeal for the subsequent completion of the appeal.
2. Determination on the legitimacy of a subsequent appeal
A. In order to recognize an appeal for subsequent completion under Article 173 of the Civil Procedure Act as lawful, the parties may observe the peremptory period of the appeal for reasons for which it is not attributable to them.