1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. At the request of the Defendant for the return of provisional payments: A.

1. Determination on the legitimacy of a subsequent appeal

A. Article 173(1) of the Civil Procedure Act provides, “If a party is unable to observe the peremptory period due to any cause not attributable to him/her, he/she may supplement the litigation by neglecting his/her duty of care within two weeks from the date on which such cause ceases to exist.” In this context, the term “reasons for which the party cannot be held liable” refers to the causes for which the party could not observe the period even though he/she had performed the duty of care generally to conduct the litigation

However, in a case where the original copy of the judgment was served to the defendant by public notice, barring any special circumstance, the defendant shall be deemed to have failed to know the service of the judgment without negligence. If the defendant was not aware of the continuation of the lawsuit from the beginning and became aware of such fact only after the original copy of the judgment was served to the defendant by public notice, barring any special circumstance, it shall be deemed that the defendant’s failure to observe the peremptory term of appeal due to any cause not attributable to the defendant.

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

On April 4, 2017, the first instance court of this case served a notice of complaint and the date of pleading against the defendant by public notice and served the notice of the date of pleading by each service, and served a judgment accepting the plaintiff's claim on April 4, 2017. The original copy of the judgment also served on the defendant by public notice. The plaintiff seized the defendant's claim for the return of deposit against G around September 3, 2018 according to the seizure and collection order (Seoul Southern District Court 2018TTTTT 2018TTT 109447) that the plaintiff applied for the title of execution of the judgment of the first instance court of this case as the title of execution. The defendant filed the appeal of this case on September 4, 2018.