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(영문) 서울고등법원 2016.09.22 2015나2050819

부당이득금반환

Text

1. All appeals filed by Plaintiffs J, K, L, N,O, P, Q, and R shall be dismissed.

2. The following from among the judgment of the first instance against the plaintiff A and E:

Reasons

1. Determination as to the legitimacy of the appeal filed by Plaintiff J, K, L, N,O, P, Q, and R

A. The existence of the power of representation of an attorney shall be subject to ex officio investigation by the court, and if the power of attorney is a private document, whether or not the court orders certification of the power of attorney belongs to the discretion of the court. However, if the other party is disputed and there is no obvious evidence to prove that the power of attorney is authentic on the record, the court shall investigate whether or not the power of attorney is defective, such as issuing an order for certification of the power of attorney or deliberating on whether or not the power of attorney is actually delegated.

In addition, if a person who has filed a lawsuit or an appeal as an attorney fails to prove his/her power of representation in spite of an order for authentication by the court, the court may dismiss such lawsuit or appeal on the ground that it is unlawful to have been filed by a person who has no power of attorney, and at this time the costs of lawsuit shall be borne by

(See Supreme Court Order 97Ma1574 dated September 22, 1997, etc.). B.

In light of the above legal principles, an attorney-at-law asserted that the above plaintiffs' appeal was lawful, and in the trial court, AH filed the appeal of this case as the attorney-at-law of the above plaintiffs. In the trial court, the defendant denied the right of attorney of the above plaintiffs to the above plaintiffs.

Therefore, this court requested the above legal representative to submit explanatory materials regarding the granting of the power of attorney in relation to the above plaintiffs, but the above legal representative did not submit any explanatory materials to recognize that he was granted the power of attorney from the above plaintiffs in addition to the delegation letter of attorney submitted by the above plaintiffs in the petition of appeal in this case.

However, the above attorney's letter of delegation is submitted.