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(영문) 대법원 1983. 7. 13.자 83즈1 결정

[부양료등][공1983.10.15.(714),1420]

Main Issues

Whether an application for a request for a final appeal applies to a family inquiry case (negative)

Summary of Judgment

An application for a final appeal under Article 12 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings shall apply to civil litigation cases, and it is obvious that there is no application for family inquiry cases in light of Article 2 of the same Act

[Reference Provisions]

Article 12 of the Act on Special Cases concerning Facilitating Litigation

Reference Cases

Supreme Court Order 81 businessz. 81 delivered on January 28, 1982

New Secretary-General

A

upper protection room:

B

Judgment of the lower court

Daegu High Court Decision 82Reu75 delivered on February 15, 1983

Text

The appeal shall be dismissed.

Reasons

An application for an appeal under Article 12 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings applies to a civil case, and it is evident that the application for a family inquiry case like this case is not applicable in light of the provisions of Article 2 of the same Act (the applicant has filed an appeal as a party member 83Meu5)

Therefore, this request is unlawful and dismissed, and it is so decided as per Disposition by the assent of all participating Justices.

Justices Kim Young-ju (Presiding Justice)