1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

According to the records of this case, the court of first instance rendered a judgment accepting the Plaintiff’s claim on May 26, 2016 after serving a duplicate of the complaint against the Defendant, the date of pleading, etc. by public notice, and proceeding with pleadings. The original copy of the judgment also served on the Defendant by public notice on May 27, 2016. The Defendant is aware of the fact that the instant lawsuit was filed on September 20, 2015, and the judgment of the first instance became served on the Defendant by public notice. It can be acknowledged that the Defendant filed an appeal subsequent to the subsequent completion of September 27, 2016, because the first instance court becomes aware that the instant lawsuit was served by public notice.

According to the above facts, the defendant was unable to observe the period of appeal, which is a peremptory term, because he was unaware of the progress and result of the lawsuit in this case due to a cause not attributable to himself. Thus, the appeal filed within two weeks from the date the judgment of the court of first instance became known through service by public notice is lawful.

Facts of recognition

A. E was awarded the instant real estate bid on April 24, 2003 in the voluntary auction procedure for the real estate listed in the separate sheet (hereinafter “instant real estate”).

Therefore, on May 9, 2003, the registration of transfer of ownership based on the above successful bid was completed in the future.

B. D died on April 29, 2010.

D, on June 30, 2010, the Plaintiff, as a member of D, completed the registration of ownership transfer based on inheritance due to a division of agreement on April 29, 2010.

C. The instant real estate is possessed by the Defendant as of the date of the closing of argument in the trial.

[Reasons for Recognition] According to the above facts of absence of dispute, Gap evidence Nos. 1, 2, and 3 (including each number; hereinafter the same shall apply), and the judgment as to the ground for a claim as a whole of the pleadings, the title trust agreement with regard to the real estate in this case between E and D shall be governed by Article 4(1) of the Act on the Registration of Real Estate under Actual Titleholder’s Name.