In a case where an auction court has rejected a written appeal under Article 642(5) of the Civil Procedure Act (affirmative) and the nature of such appeal (Immediate appeal. Reappeal)

Although there is no special provision as to whether an appeal against the decision dismissing the petition of appeal under Article 642(5) of the Civil Procedure Act, on the ground that the auction court did not attach the document attesting that there was a provision of a guarantee to the petition of appeal, it shall be deemed that the appeal may be filed in accordance with the general provisions of Article 409 of the same Act. The appeal shall be deemed to be an immediate appeal by nature. The decision shall be deemed to be an immediate appeal by the auction court as the court rendered a judgment by the appellate court under special provisions of Acts. Thus,

Articles 409, 412, 414, and 642(5) of the Civil Procedure Act

Special Appellants

Seoul District Court Order 90Mo8657 dated December 24, 1990

The reappeal is dismissed.

In this case, the auction court did not attach to the appeal petition for the re-appellant's submission the documents proving that the guarantee has been provided, and thus, the appeal for the decision is dismissed under Article 642 (5) of the Civil Procedure Act, and there is no special provision as to whether to allow the appeal for the above decision, but can be filed under the general provision of Article 409 of the Civil Procedure Act. The appeal shall be deemed to be an immediate appeal due to its nature, and since the auction court rendered a judgment for the appellate court under special provisions of Acts, the appeal for the decision shall be deemed to be a reappeal due to its nature.

Therefore, this case is judged as a reappeal case.

According to the records, it is recognized that the court of appeal dismissed the petition of appeal because it did not attach documents proving that it has provided the guarantee to the petition of appeal, and the grounds for reappeal cannot be accepted.

Therefore, the reappeal is dismissed. It is so decided as per Disposition by the assent of all participating judges.

Justices Song Man-man (Presiding Justice)