2. The instant lawsuit shall be dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

The "date on which the cause ceases to exist" refers to the time when the party or legal representative becomes aware of the fact that the judgment was rendered, and further the fact that the judgment was served by service by public notice is known.

In ordinary cases, only when a party or legal representative peruses the records of the case or receives a new original of the judgment, it shall be deemed that he/she became aware of the fact that the judgment was served by public notice.

(See Supreme Court Decision 2004Da8005 Decided February 24, 2006. Regarding the instant case, the first instance judgment was rendered on February 7, 2017 after a notice of the complaint, the date of pleading, etc. was served on the Defendant by public notice. The original copy of the first instance judgment was also served on the Defendant by public notice. The fact that the Defendant, upon receiving a notice of seizure and collection order of the right to lease on a deposit basis on April 10, 2019, became aware of the first instance judgment by being served on the Defendant, was submitted to the court of first instance on the 22th of the same month after the Defendant became aware of the fact that the first instance judgment was served by public notice.

According to the above facts, the defendant was unable to comply with the appeal period due to the failure of the first instance court to know that the judgment was delivered by public notice without negligence, and thus the defendant could not be held responsible for such failure.

Since the court of first instance filed a subsequent appeal within two weeks from the time it became aware that the judgment was served by public notice, the appeal of this case is lawful.

2. Determination

A. On May 15, 2015, Nonparty C, the Plaintiff’s assertion of the parties, i.e., the payee, F.