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1. The defendant's appeal and the plaintiff's successor's application for intervention are all dismissed.
2. Costs of lawsuit after an appeal is filed.
Reasons
1. Determination on the legitimacy of a subsequent appeal
A. The Defendant’s assertion that the instant appeal is lawful, inasmuch as he/she became aware of the fact that around October 2017, the lower court inspected and rendered a judgment on the records of the first instance court.
B. If a copy of a complaint of related legal principles 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. In such a case, the defendant is unable to take the responsibility due to a cause not attributable to him and the defendant can subsequently complete appeal within two weeks from the date such cause ceases to exist. "the date when the cause ceases to exist" refers to the date when the party or legal representative becomes aware of the fact that the judgment was served by public notice, rather than the date when the party or legal representative becomes aware of the fact that the judgment was served by public notice. Unless any other special circumstance exists, it shall 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 new original copy of the judgment by public notice. However, if it is deemed that the defendant was aware of the fact that the judgment had been served by public notice and there were special circumstances to recognize it as a matter of course, it shall be deemed that the cause not attributable to such fact was confirmed by public notice.
(Supreme Court Decision 98Da43533 delivered on February 9, 1999). C.
Facts of recognition
The following facts are recognized by each entry in Gap evidence Nos. 1, 2, and 2, or are remarkable facts in this Court:
1. The court of first instance shall deliver to the defendant a duplicate of the complaint of this case and a notice of the date of pleading by public notice, and shall proceed with pleadings, and on July 2007.