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(영문) 서울고등법원 2019.10.18 2019나2018288

매매대금반환

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1. The plaintiff's appeal shall be dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

ex officio deemed.

According to the records, the plaintiff's attorney at the court of first instance was dissatisfied with the judgment of the court of first instance and did not attach the amount of stamps at the court of appeal when filing an appeal on March 6, 2019. On March 13, 2019, the court of first instance issued an order to the plaintiff's attorney at the court of first instance to pay KRW 3,381,70 and delivery fees of KRW 112,800 within seven days from the date of service of the order to the plaintiff's attorney at the court of first instance. The court of first instance is aware of the fact that the plaintiff and his attorney did not pay the amount of stamps at the court of first instance even though the order was served on the plaintiff's attorney on March 14, 2019.

If so, the plaintiff's appeal is unlawful because it fails to comply with the correction order without attaching stamps pursuant to the provisions of law.