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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. In the first instance court as to whether the appeal of this case was lawful, the duplicate of the complaint of this case was unable to be served to the Defendant as “closed absence,” and the lawsuit was initiated from the beginning by public notice, and the fact that the original copy of the judgment was served by public notice was obvious in the record, so it is reasonable to deem that the Defendant was unaware of the service of the first instance judgment without
Furthermore, in light of the purport of the entire pleadings, the Defendant became aware of the fact that the judgment of the first instance was served by public notice only after obtaining a certified copy of the judgment of the first instance on October 30, 2018, and it was recognized that the Defendant submitted a petition of appeal subsequent to the subsequent completion on November 6, 2018, not more than two weeks thereafter. Thus, the appeal of this case is lawful.
2. Basic facts
A. On October 7, 2015, the Plaintiff, a licensed real estate agent, as the broker, appointed the Defendant as the lessor on the Dong-gu, Ulsan-gu road name E: The Plaintiff: (a) signed the lease agreement with the Plaintiff, the lease deposit amount of KRW 50 million, the lease period of KRW 7 million from October 7, 2015 to October 7, 2016 (hereinafter “instant lease agreement”); and (b) completed the lease agreement with the Plaintiff, the lessee, the lease deposit amount of KRW 50 million, and the lease period of KRW 70 million from October 7, 2015 to October 7, 2016 (hereinafter “instant lease agreement”); and (c) each of the instant lease agreements (hereinafter “instant lease agreement”).
B. On October 8, 2015, the Plaintiff received a fixed date from the instant lease agreement and completed the move-in report with reference to the entry of the resident registration card (Abstract) attached to the resident registration card submitted by the Defendant on January 11, 2019. From that time, the Plaintiff resided in the studio of this case.
C. On April 6, 2017, Ulsan District Court H real estate auction on the instant building and the building site in Ulsan-gu E-gu, Ulsan-gu (hereinafter “instant building site”).