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(영문) 대법원 1969. 9. 30.자 69마684 결정
[항소장각하명령에대한재항고][집17(3)민,167]
Main Issues

After receiving a service of the order to dismiss the petition of appeal, any correction of the defective matters may not be made even if the appeal is filed.

Summary of Judgment

After receipt of a service of the order to dismiss the petition of appeal, the order to dismiss the petition may not be revoked by taking account of the re-Do even if the application for objection is filed by amending the defective matters.

[Reference Provisions]

Article 231 of the Civil Procedure Act, Article 371 of the Civil Procedure Act

Re-appellant

Appellant 1 and 3 others

United States of America

Seoul High Court Order 69Na1721 dated July 10, 1969

Text

All reappeals are dismissed.

Reasons

The Re-Appellant's grounds for re-appeal are determined.

As a result of examination of a petition of appeal by the presiding judge of the appellate court, it is found that there is a shortage of recognition to add the petition of appeal, and the party who filed the appeal was ordered to add the deficiency within a fixed period, but that party did not add the stamps within the fixed period, so on the ground that the party who filed the appeal was ordered to dismiss the petition of appeal pursuant to Articles 371 and 231 of the Civil Procedure Act, and on the ground that it was served on the appellant, it is ordered to add the stamps where the party who filed the appeal was deficient and even if the order was newly established, the appellate court cannot cancel the order by consideration of re-do even if the party's objection was raised, so it is a party's case that the appellate court prepared to respond to the order of rejection by the presiding judge of the appellate court, and therefore, it cannot accept the argument that the cancellation of the order of rejection by the presiding judge's rejection of the petition of appeal by the presiding judge of the appellate court. Therefore, it is so decided as per Disposition with the assent of all participating Justices.

Justices of the Supreme Court (Presiding Judge) Ma-dong (Presiding Judge) and Ma-dong B-Jed Han-gu

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