Main Issues
Where the presiding judge has rejected a written appeal on the ground that no security deposit ordered by him/her has been made, he/she shall not make a reappeal on the ground that it has been unrelated to the rejection
Summary of Judgment
Where the presiding judge has rejected a written appeal on the ground that no security deposit ordered under this Article has been made, he/she may not make a reappeal on the ground that it has been unrelated to the rejection of the written appeal.
[Reference Provisions]
Article 5-2 of the Act on Special Measures for Loans in Arrears by Financial Institutions, Article 412 of the Civil Procedure Act
Re-appellant
Re-appellant
Judgment of the lower court
Busan District Court Decision 70Ra129 delivered on May 15, 1970
Text
The reappeal is dismissed.
Reasons
The grounds for reappeal are examined.
According to the records and the original decision, the court below rejected the petition of appeal on the ground that the presiding judge ordered the deposit of 5,508,000 won equivalent to 3/10 of the successful bid price under the provisions of Article 5-2 of the Act on Special Measures for Loans in Arrears by Financial Institutions, even though the presiding judge ordered the deposit of 5,508,000 won, it is clear that the petition of appeal to the appellant was dismissed on the ground that the court did not correct the deposit within the prescribed period, which is just
Therefore, the reappeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices.
Justices of the Supreme Court (Presiding Judge) Kim Young-chul Kim Young-ho (Presiding Judge)