Judgment rendered by a judge who does not participate in the basic oral proceedings;

The judgment shall be limited to a judge who takes part in the basic oral argument, and the judgment made by a judge who does not participate in it is unlawful as it violates the important litigation procedures.

Articles 187 and 420 of the Civil Procedure Act

Plaintiff (Attorneys Lee E-Hy et al., Counsel for the plaintiff-appellant)

The legal representative of the Republic of Korea, the President of the Republic of Korea, the President of the Republic of Korea, the President of the Republic of Korea, the President of the Republic of Korea, the President of the Republic of Korea, the President of the Republic of Korea, and the Kim le

Busan District Court of the first instance, Daegu High Court of the second instance, 52 civilian 272 delivered on December 24, 1952

The original judgment shall be reversed.

This case is remanded to the Daegu High Court.

The grounds of appeal No. 1 and Article 187 of the Civil Procedure Act provide that a judge who participated in an oral pleading based on the judgment shall depart from the judgment. According to the oral argument protocol on December 11, 4285, it is ordered that such oral argument is the oral argument based on the original judgment, and at the same time, judges who participated in such oral argument are indicated in the order of judges Kim Jong-chul, judges' order, and judges' degree, the original judgment was signed and sealed by the judge of the court. For this reason, it is obvious that the non-party, who signed and sealed by the judge of the court, did not participate in this basic oral argument, and therefore, it is obvious that the court below erred in the law of the Civil Procedure in the judgment of the court below that the plaintiff's purchase of the land listed in the 1, 2's 1, and 2's 31,000 won, and that the plaintiff is not a member of the plaintiff's 2,000 won, who purchased the 3,000 won 1,00 won evidence.

It is stipulated in Article 187 of the Civil Procedure Act that only a judge who takes part in the oral argument. In this case, according to the records, the judge, who takes part in the basic oral holding of the original judgment, shall take part in the oral holding of the original judgment, the presiding judge, Kim Jong-chul, the judge's order, the judge's degree of sentence shall be unfolded in the oral holding protocol of the original court on December 11, 4285, and it is obvious that the court below's decision which was signed and sealed on the original copy of the judgment as the presiding judge, is not erroneous in violation of the important litigation procedures. There is no reason why the original judgment is reasonable.

The final appeal of this case is with merit without an explanation of the arguments, and is so decided as per Disposition by Article 407 (1) of the Civil Procedure Act.

Justices Kim Jong-il (Presiding Justice) Kim Dong-dong Kim Jae-ho