1. The part against the defendant in the judgment of the first instance is revoked.

2. The plaintiff's claim against the defendant is dismissed.

3...

1. Determination as to the legitimacy of the subsequent appeal of this case

A. The relevant laws and legal principles 1) An appeal shall be filed within two weeks from the date on which the written judgment is served (main sentence of Article 395(1) of the Civil Procedure Act), and the aforementioned period is a peremptory term (Article 395(2) of the said Act): Provided, That where the parties are unable to comply with the peremptory period due to any cause not attributable to them, the parties may supplement the procedural acts neglected within two weeks from the date on which such cause ceases to exist (Article 173(1) main sentence of the said Act). “Grounds not attributable to the parties” refer to the grounds on which the parties were unable to comply with the relevant period even though the parties had exercised generally required care to conduct such procedural acts, and as regards such grounds, the service ought to be asserted and proved by the parties who intend to supplement the procedural acts (see, e.g., Supreme Court Decision 2012Da4730, Oct. 11, 2012). 2).

(Article 186(1) of the same Act. Here, “a person living together” is a person who actually belongs to the same household as the person to be served with the same person and actually lives together.

(see, e.g., Supreme Court Decision 2016Da215356, Jul. 7, 2016). (B)

The following facts are apparent in the records in the process of the first instance trial.

1) The Plaintiff filed the instant lawsuit by submitting a complaint stating the Defendant’s address as Busan Shipping Daegu Building and 601, and the Plaintiff’s address was not served due to the addressee’s unknown address, and the Plaintiff’s domicile was “the domicile of the instant case” in the judgment on the legitimacy of the Jeju Seopo-si Appeal (hereinafter “the instant subsequent appeal”).

(C).