1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. In a civil lawsuit as to the legitimacy of an appeal for subsequent completion, if the copy, original copy, etc. of the written complaint were 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 is unable to comply with the peremptory period due to a cause not attributable to him/her and falls under the case where he/she was unable to comply with the peremptory period and thus, he/she may file an appeal for subsequent completion pursuant to Article 1

The term "after the cause has ceased to exist" refers to the time when a party or legal representative becomes aware of the fact that the judgment was delivered by public notice, instead of simply knowing the fact that the judgment was delivered by public notice. Thus, barring any special circumstance, it shall be deemed that the party or legal representative becomes aware of the fact that the judgment was delivered by public notice only when the party or legal representative inspected the records of the case or received a new original of the judgment.

(See Supreme Court Decision 2004Da8005 Decided February 24, 2006 (see, e.g., Supreme Court Decision 2004Da8005). The first instance court rendered a judgment citing the Plaintiff’s claim on November 8, 2018 after serving a copy of the complaint against the Defendant, a written guide for litigation, and a written notice of the date of pleading by public notice, with respect to the Defendant by public notice. The original of the judgment also served on the Defendant on November 9, 2018 by means of service by public notice. The fact that the Defendant inspected the litigation record on March 7, 2019, received the original copy of the judgment, and filed the instant appeal on March 14, 2019 is apparent in the record.

Therefore, the defendant, around March 7, 2019, becomes aware of the fact that the judgment of the first instance court was rendered by public notice, and the appeal of this case filed within two weeks thereafter is lawful.

2. The assertion and judgment

A. (1) The Plaintiff asserted that (a) the Plaintiff may do harm explicitly, or as follows:

① The Plaintiff