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. Determination on the legitimacy of a subsequent appeal

A. If a copy of the complaint, an original copy, etc. 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, 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 appeal within two weeks after such cause ceases to exist

The term "after the cause has ceased 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, instead of simply knowing the fact that the judgment was delivered by public notice. Thus, barring any special circumstances, it should be deemed that the party or legal representative becomes aware of the fact that the judgment was delivered by public notice only when the party or legal representative inspected the records of the case or received a new original of the judgment

(Supreme Court Decision 2010Da75044, 75051 Decided January 10, 2013). B.

Judgment

According to the records of this case, the first instance court rendered a judgment accepting the Plaintiff’s claim on July 24, 2015 after serving a duplicate, etc. of the complaint on the Defendant by public notice, and subsequently serving the Defendant as a whole. On July 29, 2015, the Defendant served the original copy of the judgment on the Defendant by public notice; and on September 16, 2015, the Defendant perused and copied the records of the first instance trial on September 16, 2015, and becomes aware of the progress and result of the first instance trial lawsuit and filed the instant appeal on September 17, 2015.

According to the above facts, the defendant's failure to observe the peremptory period for filing an appeal is due to a cause not attributable to the defendant. Thus, the appeal of this case filed by the defendant within two weeks from the time the judgment of the court of first instance became served by service by public notice is lawful.

2. Basic facts

A. As to the area of 2,076 square meters (628 square meters; hereinafter “land before subdivision”) before Gu and Si, Gu and Si, in order.