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. We examine whether the defendant's subsequent appeal is lawful or not, ex officio, on the legitimacy of the appeal.

A. The facts under the facts found are recognized by the records of this case or significant to this court.

(1) On March 26, 2018, the Plaintiff filed the instant lawsuit seeking delivery of a building, and stated the Defendant’s address in the complaint “Songnam-si E building and the second floor,” and the court of first instance served a copy of the complaint to the address above, but became unable to serve due to the absence of a closed text.

Accordingly, on May 14, 2018, the enforcement officer belonging to Sungwon District Court Sung-nam branch directly served to the above address around 13:46 on May 14, 2018, and the defendant himself received it.

Luxembourg Nevertheless, the Defendant did not submit a written response, and the court of first instance served the notice of the date of pleading to the above address on November 23, 2018, but it was impossible to serve the notice due to the absence of the text, and served on December 3, 2018.

On December 12, 2018, the court of first instance served a notice of the sentencing date to the above address, and on December 17, 2018, the notice was not served due to the absence of closure, but on December 18, 2018, the defendant himself received it on December 12:48.

The court of first instance rendered a judgment in favor of the Plaintiff on January 9, 2019. On January 21, 2019, the court served the original copy of the judgment to the above address on January 21, 2019 but was not served on the ground of the absence of the text of the judgment. On January 30, 2019, the service was made by means of service and became effective on February 14, 2019.

Around April 16, 2019, the defendant was issued an original copy of the judgment of the court of first instance, and submitted a subsequent appeal to the court of first instance on April 19, 2019.

On the other hand, the defendant's address is the same as "Ma building in Sungnam-si and the second floor" from the time when the copy, etc. of the complaint was served to the date of the closing of argument in the trial.

B. Article 173(1) of the Civil Procedure Act concerning appeal for the completion of judgment refers to “reasons for which a party cannot be held liable” means the principle that a party is generally required to conduct procedural acts.