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(영문) 대법원 1969. 10. 31.자 69마954 결정

[부동산경락허가결정에대한재항고][집17(3)민,249]

Main Issues

The grounds of re-appeal and any other written content

Summary of Judgment

The grounds for re-appeal shall be stated in the re-appeal petition or in an independent written form, and it shall not be possible to invoke any other written contents.

[Reference Provisions]

Article 397 of the Civil Procedure Act, Article 421 of the Civil Procedure Act

Re-appellant

Re-appellant

United States of America

Seoul Civil History District Court Decision 69Ra644 delivered on July 28, 1969

Text

The reappeal is dismissed.

Reasons

The 're-appeal' refers to the grounds for the re-appeal in the column of reasons for the re-appeal of the appellant without submitting a written reason for the re-appeal. However, the grounds for the re-appeal should be stated in the reappeal or in an independent written form, which is the grounds for re-appeal, and the contents of another written statement cannot be invoked (see, e.g., Supreme Court Decision 63Da151, May 15, 1963). Ultimately, the reappeal of this case should return to the grounds for the re-appeal of this case without merit.

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

The judge of the Supreme Court of the Republic of Korea (Presiding Judge) Mag-Jak Kim Jong-young Kim Young-ho