1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

The instant case was received as a lawsuit for a retrial by mistake at the time of receipt, but it is reasonable to view that the instant case was an incidental appeal against the judgment of the first instance court (Law No. 2007Ga34003, Oct. 2, 2007) in accordance with the purport of the text of the written complaint for subsequent completion filed by the Defendant.

We examine the legitimacy of the appeal of this case.

On October 6, 2007, the original copy of the judgment of the first instance court was served by service by public notice to the defendant; the chief of the subsequent appeal in the name of the defendant (hereinafter referred to as the "former chief of the subsequent appeal court") was received on February 26, 2008 by this court and assigned the case number to this court 2008Na906 (hereinafter referred to as the "previous appellate court"); the plaintiff was served on the plaintiff on April 1, 2008; the previous appellate court served the defendant on April 18, 2008; the defendant did not appear at the previous appellate court on May 16, 2008; and the previous appellate court did not request an inspection and duplication of the records of the previous appellate court on July 24, 2008; and the previous appellate court case was remarkably withdrawn on July 24, 2008.

The defendant asserts that the plaintiff forged the previous written appeal for the completion of the appeal and submitted it to this court, and the defendant did not receive any documents of the lawsuit from the court as to the previous appellate court and the previous appellate court was finally treated as the withdrawal of appeal.

However, it is evident that the Defendant, on April 18, 2008, signed a copy of the previous appellate brief reply as of April 1, 2008 by the Plaintiff on March 26, 2008, from 301 to 301 of the Gwangjin-si moving-in report as of March 26, 208 on the resident registration card, and received it.

Therefore, the defendant's above assertion is difficult to believe and there is no other evidence to acknowledge the above argument.

The plaintiff's main defense is justified.

Therefore, as long as the previous appellate court which the defendant lawfully raised has been finally terminated as the withdrawal of appeal, it is again against the judgment of the court of first instance.