Main Issues

An appeal against a final judgment and a judgment on reversal and return under Article 392 of the Civil Procedure Act

Summary of Judgment

As a matter of principle, an appeal may be filed against a final judgment rendered by the High Court at the second instance or the first instance, and as to a judgment on the reversal and return of the case, the final judgment is neither an intermediate judgment nor a final judgment, the High Court’s revocation of the first instance judgment and the case is remanded to the court of first instance shall not be subject to an appeal [the alteration of the final judgment rendered by the Supreme Court at the en banc Decision 80Da3271 Decided 81

[Reference Provisions]

Article 392 of the Civil Procedure Act

Plaintiff-Appellee

Dried Drills

Defendant-Appellant

authorized number of lottery tickets

Judgment of the lower court

Military support in the first instance court, Gwangju High Court Decision 62 civil defense63 delivered on April 18, 1962

Text

The appeal shall be dismissed.

Reasons

In principle, according to the provisions of Article 392 of the Civil Procedure Act, an appeal shall be dismissed by the High Court as to the final judgment rendered by the second or the first instance court. In this case, it is reasonable to interpret that the judgment of reversal and return is merely an intermediate judgment and is not a final judgment. In light of this case, since the court below’s revocation of the first instance judgment in the disposition of this case and the case is remanded to the Jeonju District Court for Gunsan, it is obvious that the judgment of the court below is not a final judgment. Thus, since the defendant filed an appeal against the judgment of this case, the appeal is unlawful and incomplete and it is impossible to correct the defects. Therefore, the appeal is not an explanation of the grounds of appeal, and the provisions of Articles 395 and 382 of the Civil Procedure Act do not require an explanation of the grounds of appeal, and it is so decided as per Disposition by the assent of all participating Justices,