Main Issues

Where the appellate court revokes the original decision dismissing the application for provisional disposition and permits the application for such provisional disposition, the method of appeal therefor.

Summary of Judgment

If the court of appeal revokes the original decision dismissing the application for provisional disposition and permits the application for provisional disposition, the opposing party is not allowed to object to the final appeal as a reappeal against the decision of provisional disposition by the appellate court, and in this case, an objection shall be raised in accordance with Article 715 and Article 703 of the Civil Procedure Act.

[Reference Provisions]

Article 715 of the Civil Procedure Act, Article 703 of the Civil Procedure Act

Re-appellant

Appellant 1 et al.

upper protection room:

Rehabilitation Association Busan District Office

United States of America

Daegu High Court Decision 73Ra4 delivered on May 10, 1973

Text

All reappeals shall be dismissed.

Reasons

According to the records of the case, while the other party filed an application for provisional disposition with Busan District Court, the Busan District Court rendered a decision to dismiss the application on February 16, 1973, and the other party filed an appeal against the decision to dismiss the application for provisional disposition. On May 10, 1973, the Daegu High Court, which was the original decision, accepted the other party's application for provisional disposition as a decision on May 10, 1973, and the re-appellant filed an appeal against this decision. If the appellate court against the decision to dismiss the application for provisional disposition is allowed by a decision, it is clear that the other party cannot object to the appeal by the appellate court against the decision to dismiss the application for provisional disposition. In such a case, the other party as the opposing party cannot object to the appellate court's reappeal against the decision to dismiss the application for provisional disposition. Thus, the reappeal is all unlawful and thus it is not possible to dismiss without making a decision on the grounds for reappeal.