beta
(영문) 대법원 1990. 9. 26.자 90그30 결정

[소송인수][공1991.2.15.(890),576]

Main Issues

Whether a reappeal may be made independently against a decision ordering acceptance of a lawsuit (negative)

Summary of Decision

The decision ordering a takeover of a lawsuit is merely an intermediate judgment that recognizes the qualification of a successor to the case and treats him as a party, and thus, if there is an objection, it may only be appealed together with a final judgment on the merits, and the successor may not make a reappeal against the said decision independently.

[Reference Provisions]

Articles 75 and 412 of the Civil Procedure Act

Reference Cases

Supreme Court Order 81Ma357 dated October 29, 1981 (Gong1982,36)

Re-appellant

Maritime Association of Maritime Affairs and Fisheries (Attorney Kim Jong-he et al., Counsel for defendant-appellant)

The order of the court below

Gwangju High Court Order 89Ra22 dated May 25, 1990

Text

The reappeal shall be dismissed.

Reasons

The decision ordering the acceptance of a lawsuit is nothing more than an intermediate judgment that recognizes the qualification of a successor and treats him as a party. Thus, if there is an objection, it can only appeal together with a final judgment on the merits, and the successor may not file a reappeal against the said decision independently (see Supreme Court Order 81Ma357, Oct. 29, 1981).

Therefore, without examining, the reappeal of this case is unlawful, and it is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Kim Young-ju (Presiding Justice)

심급 사건
-광주고등법원 1990.5.25.자 89라22