[부동산경락허가결정][공1983.1.1.(695),44]
Service by public notice of the order of the court below due to the address error of the appellant by a person who received a petition of appeal (negative)
Even if a person who was requested to prepare and submit a written appeal from the re-appellant was negligent and the address of the appellant was clerically written, and the order of the court below is impossible to serve and served by means of service by public notice, and the re-appeal period to the order of the court below is not complied with, it cannot be deemed that the non-compliance with the peremptory period is due to a cause not attributable to the re-appellant, and thus, the application
Article 160 of the Civil Procedure Act
More than Gu
Seoul Central District Court Order 82Ra462 dated May 18, 1982
The reappeal shall be dismissed.
The grounds for re-appeal are examined prior to the judgment on the grounds for re-appeal.
According to the records, while filing an appeal against the decision of approval of the auction of this case with the court of auction, the re-appellant stated the address as "176-83, Mapo-dong, Seoul, 176-dong," the court below dismissed the appeal as of May 18, 1982, and notified it to the appellant, and it was impossible to serve the original copy as of May 31, 1982 because it was not known that the presiding judge of the court below ordered the appellant to serve the original copy of the decision as service by public notice on May 31, 1982, and served the re-appellant by public notice. If the facts are as alleged above, it is evident that the address stated in the written appeal was erroneous in stating that the address stated in the written appeal should be stated as 176-36, 176-dong, Mapo-gu, Seoul, as alleged by the re-appellant, even if the error was the negligence of the person who was requested for the preparation and submission of the written appeal by the re-appellant, it cannot be accepted.
Therefore, the reappeal of this case is unlawful, and it is so decided as per Disposition by the assent of all participating judges who decide to dismiss it.
Justices Yoon Il-young (Presiding Justice)