1. The judgment of the court of first instance is modified as follows.

The defendant and B shall be in Seongdong-gu Seoul Metropolitan Government, 108 Dong 704.

1. Determination as to the legitimacy of the subsequent appeal of this case

A. The relevant laws and legal principles (1) An appeal shall be filed within two weeks from the date on which the written judgment is served (main sentence of Article 395(1) of the Civil Procedure Act), and the said period is a peremptory term.

(2) Paragraph (2) of the same Article: Provided, That in case where a party is unable to comply with the peremptory period due to any cause not attributable to him, he may supplement the procedural acts neglected within two weeks from the date on which such cause ceases to exist.

(Article 173 Section 1 of the same Act). 'Any reason for which a party cannot be held liable' refers to the reason why the party could not observe the period even though the party has fulfilled his/her duty of care to conduct the procedural acts, and as regards that reason, the party who intends to supplement the procedural acts must assert and prove it.

(2) The service of documents is, in principle, delivered to the person to be served at the domicile, residence, place of business, or office of the person to be served (see, e.g., Supreme Court Decision 2012Da44730, Oct. 11, 2012). (2) In principle, the service of documents may be based on supplementary service, as a clerical staff, employee, or cohabitant, if the service institution fails to exchange the person to serve at the place to be served, at the above “place to serve” as a matter of principle (Articles 178(1) and 183(1) of the same Act).

(Article 186(1) of the same Act. Here, “a person living together” is a person who actually belongs to the same household as the person to be served with the same person and actually lives together.

(see, e.g., Supreme Court Decision 2016Da215356, Jul. 7, 2016). (B)

The following facts are apparent in the records in the process of the first instance trial.

(1) The Plaintiff filed the instant lawsuit by submitting a complaint stating the Defendant’s address in Seongdong-gu Seoul, Seongdong-gu, Seoul, and 108 Dong 704 (hereinafter “the instant appeal’s domicile”). The first instance court also filed the instant complaint.