A. When determining whether the period of appeal is observed

B. Whether the Eastern District Court in Seoul District Court can be deemed a part of the Seoul Civil Procedure Act (negative)

A. Whether the period of appeal is observed shall be determined based on the time when the petition of appeal is received by the court of first instance. Although the petition of appeal was submitted to a court other than the court of first instance within the period of appeal, it shall not have the effect of filing the appeal.

B. Even if the Dong District Court in Seoul District Court is supported by the Seoul District Court, it cannot be said that the above support with independent territorial jurisdiction is part of the above court under the Civil Procedure Act, in accordance with the Act on the Establishment and Jurisdiction of Courts of all levels.

Article 367(1) of the Civil Procedure Act, and Article 4 of the Act on the Establishment and Jurisdiction of Courts of Various Levels

A. Supreme Court Order 81Nu230 Decided October 13, 1981 (Gong1981, 14505) 85Ma178 dated May 24, 1985 (Gong1985, 1323) dated December 30, 1987 (Gong1988, 400)

Senior LLC Co., Ltd.

Seoul High Court Order 91Ra181 dated January 20, 1992

The reappeal is dismissed.

The grounds of reappeal are examined.

According to Article 367 of the Civil Procedure Act, "the filing of an appeal shall be filed by submitting a petition of appeal to the first instance court." Thus, the compliance with the period for filing an appeal shall be determined on the basis of the time when the petition of appeal is received to the court of first instance. Although the petition of appeal was filed to a court other than the court of first instance within the period for filing an appeal, it does not have the effect of filing an appeal (see, e.g., Supreme Court Order 81Nu230, Oct. 13, 1981; Supreme Court Order 85Ma178, May 24, 1985; Supreme Court Order 87Ma1028, Dec. 30, 1987; etc.) and even if a site manager of the Seoul District Court has supported the Seoul District Court of Appeals, it cannot be viewed as part of the above court under the Gai Civil Procedure Act, which has independent territorial jurisdiction in accordance with the Act on the Establishment and Jurisdiction of Various levels of Court.

The order of the court below to the same purport is just and there is no error as pointed out.

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

Justices Kim Yong-sung (Presiding Justice)