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1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. Determination as to the defense of this safety against a subsequent appeal
A. On March 4, 2016, Defendant A District Housing Association (hereinafter “Defendant A District Housing Association”) asserted by the Plaintiff (hereinafter “Defendant Association”) was served with the title of execution of the judgment of the first instance court of this case, and on the same day, the Defendants came to know that the judgment of the first instance court of this case was rendered.
From that time, the instant appeal was filed on March 30, 2016, which was two weeks after the lapse of the two weeks, and it is unlawful as it was filed after the lapse of the period.
B. Determination 1) Unless there are special circumstances, where a copy of the complaint and the original copy of the judgment were served by service by public notice, the defendant was unaware of the service of the judgment without negligence. In such a case, the defendant was unable to comply with the peremptory period due to a cause not attributable to the defendant, and thus, the defendant is entitled to file an appeal for subsequent completion within two weeks (30 days if the cause ceases to exist in a foreign country at the time the cause ceases to exist) after the cause ceases to exist. Here, the term “after the cause ceases to exist” refers to the time when the party or legal representative becomes aware of the fact that the judgment was served by public notice, rather than the time when the party or legal representative becomes aware of the fact that the judgment was served by public notice. Unless there are other special circumstances, it shall be deemed that the party or legal representative becomes aware of the fact that the judgment was served by public notice only when the original copy of the judgment was perused by public notice or received newly (see, e.g., Supreme Court Decision 2010Da750444, Jan. 10, 13).
On March 25, 2016, the Defendant Union applied for the issuance of the original copy of the judgment of the first instance court on March 25, 2016.