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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.
Reasons
If a copy of a written complaint for determination as to the legitimacy of an appeal for subsequent completion, an original copy of the judgment, etc., was 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 may file an appeal for subsequent completion within two weeks after
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 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. Thus, barring any 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 he/she read
[See Supreme Court Decision 2010Da75044, 75051, Jan. 10, 2013, etc.] The following facts can be acknowledged either by record or by the purport of the entire pleadings.
The Plaintiff filed the instant lawsuit against the Defendant on January 30, 2018, but did not serve the Defendant.
On April 5, 2018, the first instance court rendered a disposition of service by public notice, which decides to proceed with the service of the defendant to the method of service by public notice, and served a duplicate of the complaint against the defendant by public notice, and thereafter served the original copy of the judgment of the first instance court rendered on June 20, 2018 by public notice.
The defendant was issued a certified copy of the judgment of the court of first instance on March 26, 2019, and became aware of the facts of the judgment of first instance and the original copy of the judgment was served by public notice.
On March 29, 2019, the defendant submitted a written appeal for subsequent completion.
In light of the above facts, the defendant was served by service by public notice of the copy, original copy, etc. of the first written complaint of the court.