[토지수용재결처분취소등][공1993.11.15.(956),2983]
The legality of the appellate brief without any specific reasons on the violation of the law of the court below
The court of final appeal may examine and determine within the scope of the appeal by the grounds of final appeal. Therefore, even if the appellant submitted the grounds of final appeal, if the grounds of final appeal are not clearly stated as to how the grounds of final appeal violates the statutes and regulations, it shall be deemed that the grounds of final appeal are not submitted
Article 401 of the Civil Procedure Act
[Plaintiff-Appellant] Plaintiff 1 and 1 other (Law Firm Domin, Attorneys Park Jong-soo and 2 others, Counsel for plaintiff-appellant) and 1 other (Law No. 3946, May 14, 1993)
Plaintiff 1 and one other
The Central Land Tribunal and one other, the defendants' attorney Gangwon-gu et al.
Seoul High Court Decision 91Gu10390 delivered on January 15, 1993
All appeals are dismissed.
The costs of appeal are assessed against the plaintiffs.
The plaintiffs' grounds of appeal are examined.
The court of final appeal may examine and determine within the scope of the appeal (Article 401 of the Civil Procedure Act) based on the grounds of final appeal (Article 401 of the Civil Procedure Act), and even if the appellant submitted the grounds of final appeal, if the grounds of final appeal does not clearly state what part of the judgment below is in violation of the law, it shall be treated as not submitting the grounds of final appeal. The grounds of final appeal submitted by the plaintiffs are merely stated that the amount of compensation for losses should be collected and detained, and it does not state any part of the judgment below as to which part of the judgment below is against the law, and it does not state any other matters as to which part of the judgment below is against the law. Thus, the grounds of final appeal shall be deemed not to have been submitted. Thus, since the petition of final appeal does not contain any grounds of final appeal,
Justices Yoon-young (Presiding Justice)