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(영문) 대법원 1982. 12. 22.자 82마777 결정

[부동산경락허가결정][공1983.3.15.(700),416]

Main Issues

Whether contents of a written statement other than the head of a reappeal or reappeal can be accepted as a ground for reappeal (negative)

Summary of Judgment

The grounds for reappeal shall be expressed in such a manner as to directly state in the reappeal or the reappeal petition, and it is not possible to accept any other written contents. Thus, the grounds for reappeal application cannot be viewed as legitimate grounds for reappeal even in cases where it has been accepted as the grounds for reappeal.

[Reference Provisions]

Article 413 of the Civil Procedure Act

Reference Cases

Supreme Court Order 79Ma168 Dated June 25, 1979

Re-appellant

Re-appellant

The order of the court below

Daejeon District Court Order 82Ra77 dated October 28, 1982

Text

The reappeal is dismissed.

Reasons

The reappeal's reappeal's reappeal's ground for reappeal's filing without submitting the reappeal's petition is stated as it is. The reappeal's ground for reappeal's filing.

However, the grounds for re-appeal cannot be invoked in other written statements unless it should be expressed in a way directly stated in the re-appeal petition or the re-appeal petition (see, e.g., Supreme Court Order 79Ma168, Jun. 25, 1979).

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

Justices Jeon Soo-hee (Presiding Justice)