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(영문) 부산지방법원 2009. 5. 22.자 2009브23 결정
[상속한정승인결정에대한즉시항고][미간행]
Appellant and appellant

Claimant

decedents;

decedents;

The original core board;

Busan District Court Family Branch Decision 2008Ra3151 dated January 16, 2009

Text

The appeal of this case is dismissed.

Purport of request and appeal

The original adjudication shall be revoked. The applicant's report on the qualified acceptance on August 20, 208, which was made by attaching the list of the attached inherited property, while succeeding to the property of ○○○○○○○○○, the deceased person's net, will be accepted.

Reasons

On the other hand, after the order of rejection of the complaint was served on the appellant, it is impossible to revoke the order of rejection in the appellate court even if the appellant filed an objection against the order (see Supreme Court Order 95Du61, Jan. 12, 1996). According to the records, the appellant may be found to have been dismissed on the ground that the order of correction, including the contents of payment of KRW 5,00,000, and delivery fees of KRW 12,080, is not corrected within a fixed period, even if the appellant filed an immediate appeal against the original adjudication and the appellant filed an objection against the order, and even if the stamp and delivery fees were corrected, this court cannot revoke the original adjudication.

Therefore, the appeal by the claimant is dismissed as it is without merit. It is so decided as per Disposition.

[Attachment List omitted]

Judges Cho Sung-sung (Presiding Judge)

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