The judgment of the first instance shall be revoked.

All of the plaintiffs' claims are dismissed.

All costs of the lawsuit shall be borne by the plaintiffs.

1. The legality of a subsequent appeal;

A. If the original copy, the original copy, etc. of a complaint was served 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 observe the peremptory period due to a cause not attributable to him/her, and thus, he/she is entitled to file an appeal for subsequent completion within two weeks from the date such cause ceases to exist.

In addition, the term “the date on which a cause ceases to exist” refers to the time when a party or legal representative becomes aware of the fact that the judgment was delivered by public notice, rather than the time when the party or legal representative becomes aware of the fact that the judgment was delivered by public notice. Thus, barring any special circumstance, 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 was

B. (See, e.g., Supreme Court Decision 2004Da8005, Feb. 24, 2006).

In this case, after the notice of the date of pleading and the date of pleading against the defendant was served by public notice, the litigation procedure was initiated. On February 15, 2019, the judgment of the court of first instance rendered in favor of the plaintiffs was delivered on February 15, 2019, and the original copy of the judgment was also served on the defendant by public notice on February 16, 2019. The defendant was issued a certified copy of the judgment on April 1, 2019 and filed the appeal of this case with the court on April 3, 2019 is obvious or obvious in the record.

According to the above facts, the defendant came to know that the judgment of the first instance was served by public notice on April 1, 2019. Thus, the appeal of this case filed within two weeks thereafter is lawful.

2. Determination as to the cause of action

A. The plaintiffs asserted that D's housing development project is conducted by mutual investment with the defendant (hereinafter "the instant project").