1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

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

1. If a copy or copy of a complaint and the original copy of the judgment were served by service by public notice, barring any special circumstance, the defendant was unaware of the service of the judgment without negligence, barring any special circumstance. In such a case, the defendant constitutes a case where the peremptory term is unable to be observed due to a cause not attributable to him/her and thus, the defendant is entitled to file an appeal for subsequent completion within two weeks (30 days where 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 parties or legal representatives knew of the fact that the judgment was served by public notice, rather than to the time when the parties or legal representatives knew of the fact that the judgment was served by public notice. Barring any special circumstance, it shall be deemed that the parties or legal representatives become aware of the fact that the judgment

(See Supreme Court Decision 2004Da8005 Decided February 24, 2006. Regarding the instant case, the facts that the first trial was conducted by means of service from the delivery of a copy of the complaint to the delivery of the original copy of the judgment are apparent in the record, and the Defendant knew that the first instance judgment was pronounced, around April 8, 2019, the Plaintiff sent the copy of the judgment by mail to the Defendant and was aware that there was a lawsuit. On April 9, 2019, the Plaintiff asserted that the instant case was conducted by service by public notice through the inspection and search conducted by the Supreme Court on April 9, 2019, and that the original copy of the judgment was also served by public notice. However, it is evident that the Defendant filed the instant appeal on April 12, 2019, which was within two weeks from April 9, 2019.

If so, the defendant could not observe the appeal period due to a cause not attributable to him, and the appeal is filed within two weeks from the time the cause ceases to exist.