beta
(영문) 대법원 1971. 6. 22. 선고 71다958 판결

[수리사업시설설치금지][집19(3)민,163]

Main Issues

Appeal against the judgment remanded by the High Court is appropriate.

Summary of Judgment

Appeal against the judgment remanded by the High Court is appropriate.

[Reference Provisions]

Article 392 of the Civil Procedure Act

Plaintiff-Appellee

Plaintiff

Defendant-Appellant

Cheongdo Land Improvement Cooperatives

Judgment of the lower court

Daegu High Court Decision 70Na191 delivered on March 11, 1971

Text

The appeal shall be dismissed.

The costs of appeal shall be borne by the defendant.

Reasons

In light of the decision of the court below which is the object of the appeal, the decision of the court of first instance is revoked and the case is remanded to the Daegu District Court Panel Division of the first instance which is the first instance court, and the decision which is the object of appeal is the final judgment of the court of second instance or that of the court of second instance which is the final judgment of the court of second instance and the collegiate division of the court of second instance which is the collegiate division of the district court of the second instance under Article 392 of the Civil Procedure Act. The decision which is the object of the appeal of this case is obvious pursuant to Article 392 of the Civil Procedure Act, and this constitutes an intermediate

Therefore, it is so decided as per Disposition by the assent of all participating Justices.

[Judgment of the Supreme Court (Presiding Judge) Nabri-dong and Dobri-Jaking Hanwon

본문참조조문