Main Issues

Method of Appealing a decision to order acceptance of a lawsuit

Summary of Judgment

The decision ordering the acceptance of a lawsuit is an intermediate judgment that recognizes the qualification of the successor and treats it as a party, and thus, if there is an objection, it can only be appealed along with a judgment on the merits, and the successor is not allowed to appeal independently against the above decision, and therefore, the reappeal against the above decision by the High Court is unlawful.

[Reference Provisions]

Article 75 of the Civil Procedure Act, Article 412 of the Civil Procedure Act

Re-appellant

Mental Timber Corporation

United States of America

Daegu High Court Order 81Na296 dated August 12, 1981

Text

The reappeal shall be dismissed.

Reasons

According to the records, in relation to the case of Daegu High Court 81 or 296, which is the main subject of the judgment of the court below, the re-appellant ordered the re-appellant to take over the lawsuit on behalf of the defendant on the merits at the request of the plaintiffs, and the re-appellant brought an appeal against the above decision. Since the decision to take over the lawsuit is an intermediate judgment that recognizes the qualification of the successor and treat it as a party, the decision to take over the lawsuit can only be filed with the judgment of the court below against the merits, and the successor cannot file an appeal against the above decision independently. Thus, the re-appeal of this case is unlawful and it is so decided as per Disposition by the assent of all participating Justices who reviewed the decision to dismiss it.