1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

On January 31, 2019, when both a copy of the complaint of this case and a notice of the date of pleading against the defendant were served by public notice in the first instance court of this case regarding the lawfulness of subsequent appeal, the court below rendered a judgment in favor of the plaintiff on January 31, 2019. The original copy of the judgment of the first instance also was served on the defendant by public notice, and the fact that the defendant visited the first instance court on June 28, 2019 and received the original copy of the judgment, while knowing that the judgment of the first instance was rendered, the fact that the defendant filed an appeal subsequent to subsequent completion on July 8, 2019 is apparent or obvious to this court.

In such a case, the defendant was unable to observe the peremptory appeal period due to failure to know the progress and result, etc. of the lawsuit of this case due to a cause not attributable to himself. Thus, the subsequent appeal of this case filed within two weeks after the cause has ceased to exist is lawful.

Basic Facts

On July 8, 2011, the Cheongbuk-do Governor decided (amended) and announced the voice management plan (sports facilities) in E-mail, and the said announcement included the establishment of a golf course (hereinafter referred to as “instant golf course”) in the Filwon of the Cheongbuk-gun, Chungcheongnam-do.

On June 5, 2015, the head of the voice Gun approved and publicly notified the implementation plan for the urban planning facility project (sports facility project) project (sports facility project) with the content that the project implementer is a H stock company (hereinafter “H”) pursuant to Article 88 of the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”), and the type of the project as “Gun planning facility project (sports facility project (sports facility project)” as the project implementer under Article 88 of the Act on Planning and Utilization of National Land (hereinafter “National Land Planning Act”).

(hereinafter referred to as “the first authorization disposition”). The first authorization disposition was filed against the head of Cheongju District Court 2016Guhap10775 against the head of Cheongju District Court. The said court filed a lawsuit seeking confirmation of invalidity of the first authorization disposition. On March 23, 2017, the instant golf course needs public necessity.