공사비 및 권리금
1. The part against the defendant in the judgment of the first instance shall be revoked;
2. The plaintiff's claim corresponding to the above revocation part.
1. Determination on the legitimacy of a subsequent appeal
A. If a copy, original copy, etc. of a complaint was served by service by public notice, barring any special circumstance, the defendant was unaware of the service of the judgment without negligence, and in such a case, the defendant may file an appeal to correct it within two weeks (30 days if the reason was in a foreign country at the time when the reason ceases to exist) after it ceased to exist because it was impossible to comply with the peremptory period due to a cause not attributable to him/her.
Here, the term “after the cause has ceased” refers to the time when a party or legal representative becomes aware of the fact that the judgment was delivered by public notice, instead of simply knowing the fact that the said judgment was delivered by public notice. Thus, barring any special circumstance, it should be deemed that the party or legal representative becomes aware of the fact that the judgment was served by public notice only when the party or legal representative inspected the records of the case or received the original copy of the
(see, e.g., Supreme Court Decision 2010Da75044, 75051, Jan. 10, 2013). (B)
In the instant case, the Plaintiff filed a lawsuit against the Defendant on January 5, 2015 with Busan District Court 2015Da694, the said court served the Defendant’s resident registration as a service by public notice when the duplicate of the complaint sent out to the Defendant’s domicile was impossible to serve on the Defendant’s resident registration, and served it on the Defendant by public notice. On August 31, 2015, the court rendered a judgment in favor of the Plaintiff on the part of the Plaintiff; the original copy of the judgment in the first instance on the Defendant was served by public notice; the Defendant becomes aware that the existence of the judgment in the first instance and that the judgment was served by public notice upon the issuance of a certified copy of the judgment in the first instance on December 28, 2015; the Defendant filed a final appeal in the instant case on December 30, 2015.
C. If so, the defendant can observe the peremptory appeal period due to a cause not attributable to him.