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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.
Reasons
1. Determination on the legitimacy of a subsequent appeal
A. Unless there exist special circumstances, if a copy of a complaint, the original copy of the judgment, etc. were served by service by public notice, the defendant was unaware of the service of the judgment without negligence. In such a case, the defendant was unable to observe the peremptory period due to a cause not attributable to him and the defendant is entitled to file a subsequent appeal within two weeks after such cause ceases to exist. "after the cause ceases to exist." Here, "after the cause ceases to exist" refers to the time when 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, barring any special circumstances, it shall be deemed that the party or legal representative becomes aware of the fact that
(see, e.g., Supreme Court Decision 2010Da75044, 75051, Jan. 10, 2013). (B)
In full view of the purport of the entire pleadings in the records of this case, the court of first instance rendered a favorable judgment against the defendant on April 5, 2016, by serving a copy of the complaint, notification of the date of pleading, etc. by public notice. On April 9, 2016, the original copy of the judgment was served on the defendant by public notice. On October 18, 2016, the defendant was subject to execution of seizure of movables based on the judgment of the first instance court, and the defendant was aware of the existence of the said judgment and submitted a subsequent appeal to the court of first instance on October 24, 2016.
C. Thus, the defendant could not comply with the appeal period due to a cause not attributable to the defendant's failure to know that the judgment of the court of first instance was delivered without negligence. Thus, the appeal of this case filed within two weeks from the date the defendant knew that the judgment of the court of first instance was served by public notice is lawful.
2. Determination on this safety defense.