Whether a reappeal may be made independently against a decision ordering acceptance of a lawsuit (negative)

The decision ordering a takeover of a lawsuit is merely an intermediate judgment that recognizes the qualification of a successor to the case and treats him as a party, and thus, if there is an objection, it may only be appealed together with a final judgment on the merits, and the successor may not make a reappeal against the said decision independently.

Articles 75 and 412 of the Civil Procedure Act

Supreme Court Order 81Ma357 dated October 29, 1981 (Gong1982,36)

Maritime Association of Maritime Affairs and Fisheries (Attorney Kim Jong-he et al., Counsel for defendant-appellant)

Gwangju High Court Order 89Ra22 dated May 25, 1990

The reappeal shall be dismissed.

The decision ordering the acceptance of a lawsuit is nothing more than an intermediate judgment that recognizes the qualification of a successor and treats him as a party. Thus, if there is an objection, it can only appeal together with a final judgment on the merits, and the successor may not file a reappeal against the said decision independently (see Supreme Court Order 81Ma357, Oct. 29, 1981).

Therefore, without examining, the reappeal of this case is unlawful, and it is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Kim Young-ju (Presiding Justice)