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(영문) 대법원 1984. 10. 18.자 84그55 결정

[부동산경락허가결정][공1985.1.1.(743),17]

Main Issues

Special appeal against the ruling or order of the Supreme Court (negative)

Summary of Decision

A special appeal may be filed with the Supreme Court only on the ground that a ruling or an order issued by the lower court is against the Constitution or a law that affected the judgment or order, and no special appeal shall be filed against the ruling or order of the Supreme Court.

[Reference Provisions]

Article 420(1) of the Civil Procedure Act

Reference Cases

Supreme Court Order 82Da23 Dated October 22, 1982 84Da6 Dated February 7, 1984

Special Appellants

Special Appellants

United States of America

Supreme Court Order 84Ma358 Dated July 20, 1984

Text

The special appeal shall be dismissed.

Reasons

On July 20, 1984, this case is a special appeal against the ruling dismissing the application for reappeal as of July 20, 1984 with respect to the ruling of permission of the auction of real estate at 84Ma358. However, a special appeal can be made to the Supreme Court only on the ground that the ruling or order issued by the lower court was in violation of the Constitution or law that affected the judgment, and the ruling or order of the Supreme Court cannot be raised any special appeal.

Therefore, the special appeal of this case is unlawful since it is against a decision that cannot be subject to a special appeal, and it is so decided as per Disposition by the assent of all participating Justices who reviewed the appeal.

Justices Kim So-young (Presiding Justice)