1. Revocation of the first instance judgment.

2. The plaintiff's claim and the plaintiff's successor's claim are all dismissed.

3...

1. Determination on the legitimacy of a subsequent appeal

A. Article 173(1) of the Civil Procedure Act provides that "if a party is unable to comply with the peremptory period due to any cause not attributable to him/her, he/she may supplement the procedural acts in his/her negligence within two weeks from the date on which such cause ceases to exist." In this context, "reasons not attributable to the party" refers to the grounds for not being able to comply with the period despite the party's duty of care generally required to conduct procedural acts, and in cases where the original copy of the judgment was delivered to the defendant by service by public notice, barring any special circumstance, the defendant shall be deemed not to have been aware of the service of the judgment without negligence. Unless the defendant was aware of the continuation of the lawsuit from the beginning, and he/she became aware of such fact only after the original copy was delivered to the defendant by public notice and the original copy of the judgment became final and conclusive by service by public notice, barring special circumstances, it shall be deemed that the defendant

(See Supreme Court Decision 2005Da27195 Decided November 10, 2005, etc.). B.

According to the records, the court of first instance may recognize the fact that the Defendants were issued the original copy of the judgment on September 2, 2019, and on the same day, the Defendants submitted an appeal for subsequent completion against the judgment of the first instance court to this court, on April 19, 2016, by serving both a duplicate of the complaint and a notice of date for pleading on the Defendants by public notice and proceeding for pleadings. On the same day, the court of first instance rendered a judgment in favor of the Plaintiff on April 19, 2016.

According to the above facts of recognition, the defendants can observe the period of appeal due to a cause for which the first instance judgment cannot be held liable because they were unaware of the fact that the judgment was served by public notice without negligence.