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(영문) 대법원 1998. 3. 27. 선고 97다55126 판결

[토지소유권이전등기말소][공1998.5.1.(57),1196]

Main Issues

[1] Whether the grounds of appeal are appropriate without specific and explicit reasons (negative)

[2] Whether the grounds of appeal on the assertion of violation of the precedents without a statement of specific Supreme Court precedents are appropriate (negative)

[3] Whether a new assertion in the supplemental appellate brief that was not timely filed can be a legitimate ground for appeal (negative)

Summary of Judgment

[1] The court of final appeal may investigate and determine only to the extent of filing an appeal based on the grounds of final appeal. As such, the grounds of final appeal should specify the grounds of final appeal and explain specific and explicit reasons as to which part of the judgment below is against the law.

[2] When the judgment of the court below asserts that it conflicts with the Supreme Court's precedents, it shall specify the precedents in detail.

[3] The grounds of appeal written in the supplemental appellate brief that was not timely filed may not be deemed legitimate grounds of appeal in a case where it supplements the grounds of appeal that was already filed within the time limit or contains a new assertion that is not related to ex officio investigation.

[Reference Provisions]

[1] Articles 393, 401, 83, and 85-2 of the Civil Procedure Act / [2] Article 393 of the Civil Procedure Act, Article 85 of the Rules of Civil Procedure / [3] Articles 397 and 399 of the Civil Procedure Act

Reference Cases

[1] [3] Supreme Court Decision 93Da3943 delivered on May 14, 1993 (Gong1993Ha, 1706) / [1] Supreme Court Decision 82Nu297 delivered on November 22, 1983 (Gong1984, 116), Supreme Court Decision 91Da9831 delivered on May 28, 1991 (Gong1991, 176), Supreme Court Decision 93Nu594 delivered on September 28, 1993 (Gong1993Ha, 298) 97Nu1235 delivered on December 12, 197 (Gong1998, 394) / [2] Supreme Court Decision 97Nu97989 delivered on September 29, 194 (Gong1994, 3298Sang decided on December 197) / [2] Supreme Court Decision 97Da3984989 delivered on May 194, 197984, 197997

Plaintiff, Appellant

Plaintiff (Attorney Down-hun, Counsel for plaintiff-appellant)

Defendant, Appellee

Kim Jong-si (Attorney Kim Jong-chul, Counsel for the plaintiff-appellant)

Intervenor joining the Defendant

Intervenor joining the Defendant

Judgment of the lower court

Jeonju District Court Decision 96Na7635 delivered on October 23, 1997

Text

The appeal is dismissed. The costs of appeal are assessed against the plaintiff.

Reasons

We examine the grounds of appeal.

In full view of Articles 401 and 393 of the Civil Procedure Act and Articles 83, 85, and 85-2 of the Rules of Civil Procedure, the court of final appeal may investigate and determine only to the extent of filing an objection based on the grounds of final appeal. As such, the grounds of final appeal specify the grounds of final appeal and states specific and explicit reasons as to which part of the judgment below is in violation of the statutes (see, e.g., Supreme Court Decisions 82Nu297, Nov. 22, 1983; 97Nu1235, Dec. 12, 1997). When the judgment of the court asserts that the grounds of final appeal conflict with the Supreme Court precedents, it shall specify the precedents (see, e.g., Supreme Court Decision 83Da601, Feb. 14, 1984). Thus, if the supplemental appellate brief was not timely filed by the appellant, it shall not be deemed that the new appellate brief is not timely filed within 139 years after the final appeal.

In this case, there is no indication in the grounds of appeal, and the plaintiff's written grounds of appeal submitted by the court below are "First, the court below erred by misapprehending the legal principles on the interpretation of legal acts, misunderstanding the legal principles on the interpretation of legal acts, and misunderstanding of facts in violation of the Supreme Court precedents, third, without failing to exhaust all necessary deliberation and explanation," and the plaintiff did not submit any supplementary appellate brief within the deadline for submitting the appellate brief after it stated that "There was an error by mistake of facts in violation of the rules of evidence," but the plaintiff did not submit any supplementary appellate brief within the deadline for submitting the appellate brief. The above statement in the grounds of appeal did not reveal specific and explicit grounds as to what portion of the court below's judgment is in violation of the laws and regulations, and the judgment of the court below did not specifically indicate what case is in violation of the law, and it cannot be viewed as legitimate grounds of appeal. Even if the plaintiff submitted any supplementary appellate brief in supplement to the above grounds of appeal after the deadline for submitting the appellate brief, such statement cannot be deemed legitimate grounds of appeal.

Therefore, the plaintiff's appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Chocheon-sung (Presiding Justice)

심급 사건
-전주지방법원 1997.10.23.선고 96나7635
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