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1. The defendant's appeal and the plaintiff's successor's application for intervention are all dismissed.
2. Costs of lawsuit after an appeal is filed.
Reasons
1. Determination on the legality of the subsequent appeal
A. The following facts are apparent in the record or are significant in this court:
1) On September 28, 2010, the court of first instance served the Defendant with a duplicate of the instant complaint and the notice of the date for pleading by public notice, and rendered a judgment that concluded the pleading on September 28, 2010 and accepted the Plaintiff’s claim on the same day. (ii) On October 13, 2010, the court of first instance served the original copy of the judgment of the first instance by public notice to the Defendant, and the judgment of the first instance became formally final and conclusive around that time.
3) On August 1, 2017, an intervenor to whom the instant claim was transferred from the Plaintiff applied for grant of succession to the court of first instance on August 1, 2017, and a certified copy of the succeeding execution clause was served on August 22, 2017. (4) The Defendant was issued the certified copy of the judgment of the first instance court on May 25, 2018.
5) On June 15, 2018, the Defendant submitted the instant written appeal to the court of first instance. (B) Article 173(1) of the Civil Procedure Act provides, “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 litigation in his/her negligence within two weeks from the date on which such cause ceases to exist,” and “when the cause ceases to exist” under Article 173(1) of the Civil Procedure Act where the judgment of the first instance was served by service by public notice, means not only when the Defendant was aware of the fact that the judgment was served by public notice, but also when the Defendant was aware of the fact that the judgment was served by public notice only when the Defendant perused the records of the relevant case or received a new authentic copy of the judgment by public notice. However, if it is deemed that there are special circumstances to recognize the fact that the Defendant was aware of the relevant judgment and there was a reason to recognize it as a matter of course in light of social norms, it shall be examined.