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.

1. If a copy of the complaint, an original copy, etc. of the judgment regarding the legitimacy of the defendant's appeal 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 himself/herself, and thus, he/she is entitled to file an appeal for subsequent completion within two weeks (30 days if the cause ceases to exist in a foreign country at the time the cause ceases

Here, “after the cause ceases to exist” 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 simply knowing the fact that the said judgment was served by public notice (see, e.g., Supreme Court Decision 2010Da75044, 75051, Jan. 10, 2013). The first instance court rendered a judgment in favor of the Plaintiff on Nov. 18, 201 after both a copy of the complaint and a notice on the date of pleading, etc. against the Defendant were served by public notice and the pleadings were served by public notice. The original copy of the first instance judgment is also served on the Defendant by public notice on Nov. 22, 2011, between the Plaintiff and the Defendant, and a copy of the first instance judgment, which was submitted as reference material for return by public notice, was served on the Plaintiff’s legal representative on September 4, 2019, or was served on the Defendant’s legal representative on September 26, 2019.

Therefore, the defendant could not observe the peremptory appeal period, which is the peremptory period, due to a cause not attributable to the defendant, because he was unaware of the service of the judgment of the court of first instance without negligence. Thus, the defendant's second week from September 6, 2019, which became aware that the judgment of the court of first instance was served by service by public notice.