1. Revocation of a judgment of the first instance;

2. The instant lawsuit shall be dismissed.

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

1. The Plaintiff, as to the legitimacy of the appeal for subsequent completion, filed by the Defendant against the Plaintiff, submitted as evidence the document indicating the pronouncement of the judgment of the first instance court of this case, along with the written judgment of the first instance court, in the case of objection claim No. 2015Da34115, which was brought by the Defendant against the Plaintiff. Since the document and attached documents were served on the attorney at the time of the Defendant on August 26, 2015, the Defendant was deemed to have known that the judgment of the first instance court of this case was proceeding by service by public notice and was sentenced on August 26, 2015, and accordingly, the appeal of subsequent completion of this case was filed with the lapse of the period for filing the lawsuit, and accordingly, asserted that it is unlawful.

Unless there are special circumstances, if a copy of complaint, original copy of judgment, etc. were served by service by public notice, the defendant was not aware of the service of the judgment without negligence. In such a case, the defendant falls under the case where the defendant was unable to comply with the peremptory term due to a cause not attributable to him and thus the defendant is entitled to file a subsequent appeal within two weeks after such cause ceases to exist. Here, "after the cause ceases to exist" refers to the case where the party or legal representative becomes aware of the fact that the judgment was served by public notice, rather than 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

(see, e.g., Supreme Court Decision 2015Da8964, Jun. 11, 2015). According to the records, the complaint of this case and the notice of the date of pleading of the first instance trial were served by public notice, and the judgment of the first instance court was rendered on September 5, 2014. The original copy of the judgment also was served on the Defendant by public notice on September 16, 2014, and the Plaintiff filed against the Plaintiff.