Whether the order to dismiss a petition of appeal is lawful by an order to correct an unreasonable address

The order of the court below which dismissed the petition of appeal of this case on the ground that the court below did not summon the defendant to the previous address of the defendant stated in the petition of appeal and did not order the plaintiff to correct the address of the defendant, and the plaintiff did not correct the petition of appeal of this case.

Re-appellant

Other Party

Seoul Central District Court Order 73Na166 dated July 13, 1973

The original order is reversed, and this case is remanded to the Panel Division of the Seoul Civil Procedure District Court.

The court ex officio decides the legitimacy of the original order.

According to the records, the defendant's address or address stated in the judgment of the court of first instance was ( Address 1 omitted) and the defendant's address stated in the judgment was stated in the petition of appeal of this case submitted by the re-appellant as mentioned above, so the court below was unable to serve the defendant's address after serving the first date for pleading (No. 310:00 on May 31, 1973), so the court below ordered the plaintiff's legal representative to correct the defendant's address at three through five times in court, and the plaintiff's legal representative was not able to serve the defendant's new address at the court of second instance on June 21, 1973 (the date for pleading of the judgment below was also impossible to serve the defendant's address at the court of second instance, and the plaintiff's legal representative was again ordered to correct the defendant's address at the court of second instance (the court of second instance which did not know the plaintiff's new address at the court of second instance to the defendant's legal representative on July 3, 1973).

Therefore, by the assent of all participating judges, the original order is reversed, and this case is remanded to the Panel Division of the Seoul Civil Procedure District Court. It is so decided as per Disposition.

Justices Seo-gu et al. (Presiding Justice)