[1] In a case where a reappeal is filed against the appellate court's decision on an immediate appeal under the Civil Execution Act, whether the provisions on the method of an immediate appeal under the Civil Execution Act shall apply mutatis mutandis (affirmative)

[2] The case holding that where the re-appellant did not submit the re-appeal within 10 days when the re-appeal against the dismissal ruling of the first instance court's immediate appeal against the order to deliver the first instance court, the court below shall dismiss the re-appeal by decision, and where the court below did not dismiss it, the Supreme Court shall dismiss the re-appeal

[1] Since an immediate appeal against a extradition order (Article 136(5) of the Civil Execution Act) is also an immediate appeal under the Civil Execution Act, the provisions concerning an immediate appeal and reappeal under the Civil Execution Act shall apply mutatis mutandis to the procedure of reappeal against a ruling by the appellate court on such appeal.

[2] Where the re-appellant did not submit the re-appeal within 10 days when the re-appeal was filed against the dismissal ruling of the immediate appeal against the first instance court's order for delivery, the case holding that the court below should dismiss the re-appeal by decision, and that the Supreme Court shall dismiss the reappeal when the court below did not dismiss it

[1] Articles 15 and 136 (5) of the Civil Execution Act / [2] Articles 15 and 136 (5) of the Civil Execution Act

Claimant (Counterparty)

Respondent (Re-Appellant)

Busan District Court Order 2004Ra39 dated May 20, 2004

The reappeal shall be dismissed. Expenses incurred in the reappeal shall be borne by the respondent.

1. As the provisions of the Civil Procedure Act shall apply mutatis mutandis to the appellate court (Articles 443, 408, and 146 of the Civil Procedure Act), an immediate appeal under the Civil Procedure Act shall be made if it is clearly made before the decision of the appellate court is made. However, in the case of an immediate appeal under the Civil Execution Act, the grounds for appeal shall be clearly made when filing an application for an immediate appeal to ensure the speed of execution and prevent its abuse. The appellate court shall investigate only the reasons clearly. If the appellant does not state the grounds for appeal in a written appeal, he shall submit a written reason for appeal to the court of original judgment within 10 days from the date of filing the written appeal (Article 13 of the Regulations on Civil Execution). In this case, the reasons for an immediate appeal shall be stated in accordance with the Supreme Court Regulations (Article 143, 408, and 146 of the Civil Procedure Act). However, if the appellate court stated therein is contrary to the Supreme Court Regulations or if it is evident that such immediate appeal cannot be corrected, the appellate court shall dismiss such immediate appeal (Article 15(Article 7(4).7).5).

2. According to the records, the respondent filed a reappeal on May 20, 2004 against the ruling of dismissal of the first instance court's immediate appeal against the order of extradition on May 20, 2004, and the reappeal in the reappeal on May 27, 2004, and did not submit the reappeal within 10 days thereafter, the court below sent the case to the Supreme Court on June 14, 2004, and the respondent submitted the reappeal only on July 8, 2004, which was after the notice of receipt of the reappeal. In this case, the court below did not send the case to the Supreme Court, but immediately dismiss the reappeal by its ruling pursuant to Article 15 (5) of the Civil Execution Act, and it is reasonable for the Supreme Court to dismiss the reappeal in the case where the court of original judgment sent the case without dismissal.

3. Therefore, the reappeal shall be dismissed. The costs of reappeal shall be borne by the losing respondent. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Jack-dam (Presiding Justice)