[항소장각하명령][집22(3)민,83;공1975.1.15.(505),8233]
3. Whether the stamp attached to the petition of appeal jointly paid by two parties who have lost the lawsuit is deemed to have been borne equally by the two parties, and whether the correction of each shortage is ordered to be made by the two parties.
The acknowledgement attached to the petition of appeal filed jointly by two parties who have lost in a lawsuit on the 3rd side shall be deemed to have borne equally by both parties, and the both parties shall be deemed to have attached equally to the stamps for the lawsuit attached to the petition of appeal filed by both parties, and the court below's decision that dismissed the petition of appeal filed by the re-appellant is justifiable.
Articles 2, 5, and 6 of the Act on the Stamps Attached to Civil Litigation, Article 367 of the Civil Procedure Act
Re-appellant
Seoul High Court Order 74Na490, 491 dated July 16, 1974
The reappeal is dismissed.
The grounds of reappeal are examined.
In the third case where a lawsuit is to be abandoned with the same object, two parties are dissatisfied with the judgment, and the recognition under the Civil Procedure Act attached to the petition of appeal jointly paid by both parties shall be deemed to have borne equally. Thus, the court below shall be deemed to have attached equally to both the defendant and the independent party intervenor in this case, and the court below shall order both parties to correct each shortage, and the measures to dismiss the petition of appeal of the re-appellant pursuant to this order shall be justified, and there is no error in the misapprehension of legal principles as per Disposition by the assent of all participating parties.
Justices Ahn Byung-soo (Presiding Justice)