1. Revocation of a judgment of the first instance;

The plaintiff's claim is dismissed.

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

1. If a copy of a complaint as to the legitimacy of the subsequent appeal and the original of the judgment were served by public notice, barring any special circumstance, the defendant was unaware of the service of the judgment without negligence, and in such a case, the defendant was unable to comply with 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 after such cause ceases to exist.

Here, the term “after the cause has ceased” refers to the time when a party or legal representative becomes aware of the fact that the judgment was rendered by means of service by public notice, rather than the time when the party or legal representative becomes aware of the fact that the judgment was served by public notice. Barring any special circumstances, barring 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 only when the party or legal representative

(See Supreme Court Decision 2004Da8005 Delivered on February 24, 2006). In addition, where a copy of a complaint and other litigation documents were served by public notice, and the original copy of the judgment was served by public notice, and the original copy of the judgment was also served by public notice, barring any special circumstance, the Defendant’s failure to observe the peremptory period for filing an appeal is a cause not attributable to the Defendant. In this case, barring any special circumstance, the Defendant was negligent with regard to the period of appeal after service by public notice and the period of appeal after the judgment was served on the Defendant, for whom no report of transfer was filed, on the ground that service by public

shall not be required to be held.

(See Supreme Court Decision 93Meu324 delivered on September 28, 1993). According to the records of this case and the facts shown in this court, the court of first instance rendered a judgment that fully accepts the Plaintiff’s claim on June 13, 2007 after serving the Defendant with a copy of the complaint, notice of date of pleading, etc. by public notice.