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. Determination on the legitimacy of a subsequent appeal

(a) The following facts are apparent in the record or significant to this court:

1) On July 7, 2006, the Plaintiff filed the instant lawsuit against the Defendant by Busan District Court Decision 2006Gao40423. The said court served a copy of the instant complaint and the notice on the date for pleading by public notice and proceeded with pleadings. On April 17, 2007, the Plaintiff also served on the Defendant by public notice on April 25, 2007 as well. (2) On January 6, 2015, the Plaintiff filed an application against the Defendant for an explanation of property with the title of the first instance court No. 2015Kao104, the said court served on the Defendant on March 4, 2015, and the Defendant was present on August 24, 2015 and made an oath.

3) After that, as the Defendant did not perform his/her obligation under the judgment of the first instance court, the Plaintiff filed an application for entry in the defaulters’ list under the above court 2015Kau3007 on October 22, 2015 (hereinafter “application for entry in the defaulters’ list”) (hereinafter “application for entry in the defaulters’ list”).

On October 30, 2015, the examination document was served on the defendant, and the defendant submitted a written reason for the examination to the above court on November 5, 2015.

B. If a copy, original copy, etc. of the judgment was served by service by public notice, barring any special circumstance, the defendant was unaware of the service of the judgment without negligence, and in such a case, the defendant was unable to comply with the peremptory period due to a cause not attributable to him/her, and thus, the defendant may file an appeal for subsequent appeal within two weeks after such cause ceases to exist.

The term "after the cause has ceased to exist" refers to the time when a party or legal representative becomes aware of the fact that a judgment was rendered, and further, the fact that the judgment was served by public notice is different.