[부동산경락허가결정][공1984.7.1.(731),1018]
In a case where a reappeal period has been elapsed while filing a petition for reappeal to another court and filing it to the court of original judgment, the legality of the reappeal
The re-appeal period should be determined on the basis of the time when the re-appeal was received by the original court. However, the re-appeal was received on April 6, 1984 by submitting by mail the original copy of the original ruling of March 30, 1984 and the Supreme Court’s return to the Seoul District Court. This court sent this to the Incheon District Court, which was the original court, and received by the said court as of April 13, 1984, it is unlawful that the re-appeal was received by the original court after the expiration of the re-appeal period.
Articles 414 and 415 of the Civil Procedure Act
Re-appellant
Incheon District Court Order 84Ra9 dated March 23, 1984
The reappeal shall be dismissed.
According to the provisions of Article 415 of the Civil Procedure Act, an appeal is to be filed to the court of original judgment. Thus, as to a reappeal, whether the period of filing a reappeal is observed shall be determined based on the time when the reappeal is received to the court of original judgment.
According to the records, the re-appellant submitted by mail an original copy of the order of the court below issued on March 30, 1984 and received it at the general reception office of the Seoul Civil Procedure District Court as of April 6, 1984. The court sent it to the Incheon District Court, which was the court of original judgment, and received it as the 13th of that month. Thus, the re-appeal of this case was received to the court of original judgment after the expiration of the re-appeal period and it cannot be corrected due to its illegality.
Therefore, the re-appeal is dismissed, and it is ordered as per Disposition.
Justices Lee Lee Sung-soo (Presiding Justice)