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(영문) 대법원 1985. 10. 19.자 85마671 결정

[법관기피신청기각결정][공1986.2.1.(769),230]

Main Issues

Whether the contents of a written statement other than the reappeal or reappeal may be invoked as a ground for reappeal (negative)

Summary of Judgment

The grounds for re-appeal shall be expressed in such a manner as to be lawful in the re-appeal petition or re-appeal petition, and shall not be invoked in other written statements.

[Reference Provisions]

Article 413 of the Civil Procedure Act

Reference Cases

Supreme Court Order 82Ma777 Dated December 22, 1982

Re-appellant

Re-appellant

The order of the court below

Seoul High Court Order 85Ra77 dated August 22, 1985

Text

The reappeal is dismissed.

Reasons

The reasons for the reappeal shall be expressed by the method of legitimate entry in the reappeal or the reappeal, and the entries in other written statements shall not be invoked (see, e.g., Supreme Court Order 82Ma777, Dec. 22, 1982).

In light of the record, the re-appeal of this case does not state the reasons for the re-appeal of October 12, 1985, and according to the reasons for the re-appeal of this case on October 12, 1985, it is clear that the reasons for the re-appeal of this case are the same as the reasons for the re-appeal of this case as stated in the reasons for the re-appeal of 85MaMa61 as the reasons for the re-appeal of this case, and

Therefore, the reappeal is dismissed. It is so decided as per Disposition by the assent of all participating judges.

Justices Lee Chang-chul (Presiding Justice)