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. Facts of recognition;

A. On December 1, 2014, the Plaintiff filed a lawsuit against the Defendant for the claim for the burial of the instant grave, and upon the Plaintiff’s application for special delivery, the execution officer affiliated with the Suwon District Court directly served the copy of the instant complaint and the written guidance for litigation, etc. on December 14, 2015 to the Defendant’s domicile, which is the Defendant’s domicile. On the third floor of the said address, the Defendant rejected the Defendant’s signature receipt of the written notice of the reasons for delivery, and the said execution officer stated that the said written notice was served on the notice of the reasons for delivery.

B. As the Defendant did not submit a written reply one month from the date, the court of first instance rendered a judgment in favor of the Plaintiff in the absence of the Defendant on February 25, 2016, when the notice of the sentencing date was served at the address above, but it became impossible to serve the notice due to the absence of closure. Accordingly, the notice of the sentencing date was served by the method of delivery on January 29, 2016, and on February 25, 2016, the designated sentencing date was served.

C. In order to serve the original copy of the judgment above, a mailman visited the defendant’s domicile three times from March 3, 2016 to March 7, 2016, which led to the failure to serve the original copy due to the absence of closure, the presiding judge of the first instance court ordered the defendant to serve the original copy of the judgment by service, and the service of the original copy of the judgment became effective on March 29, 2016.

On April 22, 2016, the defendant filed a subsequent appeal against the judgment of the first instance court.

(hereinafter referred to as “instant appeal”). 【Ground of recognition’s absence of any dispute, entry of evidence No. 5, and purport of the whole pleadings

2. Determination on whether the appeal of this case was lawful

A. Article 186(3) of the Civil Procedure Act as to whether the service of the duplicate of the complaint of this case was lawfully made shall be served when the person served the document or the person entitled to receive the document in accordance with Article 186(1) refuses to serve the document without justifiable grounds.