time when an appeal may be filed

The submission of the supplementary appellate brief and the supplementary appellate brief shall be made within the deadline for submitting the appellate brief.

Article 395 of the Civil Procedure Act, Article 372 of the Civil Procedure Act

Plaintiff (Attorney Kim Young-chul, Counsel for plaintiff-appellant)

Defendant (Attorney Won-won et al., Counsel for the defendant-appellant)

Seoul High Court Decision 64Na1574 delivered on March 21, 1968

The plaintiff's appeal is dismissed.

The defendant's incidental appeal is dismissed.

The litigation costs incurred by the plaintiff's appeal shall be borne by the plaintiff, and the litigation costs incurred by the defendant's appeal shall be borne by the defendant.

(1) Judgment on the Plaintiff’s ground of appeal Nos. 1 and 2 by the Plaintiff’s attorney

(1) According to the reasoning of the judgment below, it is difficult to determine additional appellate brief on October 5, 1959. The plaintiff is not entitled to pay the plaintiff 1's total amount of KRW 725,00,00 for non-party 1's total amount of KRW 50 and KRW 586,00 for non-party 2's payment of the above amount of KRW 50,000 for non-party 1's payment of the above amount of KRW 5's payment for the non-party 1's payment for the non-party 3's payment for the non-party 1's payment for the non-party 1's payment for the non-party 2's payment for the non-party 4's payment for the non-party 1's payment for the non-party 5's payment for the non-party 2's payment for the non-party 1's payment for the non-party 2's payment for the non-party 1's payment for the non-party 2's payment for the above amount for the non-party 1's payment.

(2) Determination on the third ground for the same reason

In the preparatory document received by the Plaintiff’s agent on April 18, 1964, as stated in the pleadings of the first instance court on September 9, 1964, the argument that the sales contract was naturally rescinded because the Defendant did not pay the purchase price of the instant land to the Plaintiff by March 31, 1963, which was subsequently made by the Plaintiff’s agent on March 31, 1963, was clearly withdrawn by the statement of the name of the original Defendant’s claim for restoration of the original state caused by the termination of the sale contract as of March 30, 1967 between the original Defendant and the third party on March 30, 1967. Thus, there is no error of law of omission of judgment as stated in the original judgment.

2. Determination as to whether the defendant's dismissal against the defendant is legitimate

Inasmuch as Article 372 of the Civil Procedure Act applies mutatis mutandis pursuant to Article 395 of the same Act, Appellee is able to make an incidental appeal even after the right to appeal is extinguished. As to the time when an incidental appeal can be filed, there is a difference in the structure of the procedure between the appellate court and the court of final appeal, it is reasonable to view that the time of closing argument in the appellate court is the expiration of the time limit for submitting the appellate brief. Furthermore, in light of the fact that Appellee is likely to receive the notice of delivery of the petition of final appeal and the receipt of the records of trial, it is reasonable to deem that the incidental appeal must be made within the time limit for submitting the appellate brief and submit the statement of reasons for the incidental appeal within that period. Accordingly, according to the records, considering the legitimacy of the defendant's incidental appeal in this case, the submission of the main appeal to the main appeal to the plaintiff who is the appellant was made on June 26, 1968, and the delivery of the notice of receipt of the records of final appeal to the plaintiff.

3. The plaintiff's appeal is without merit. The defendant's incidental appeal is dismissed, and the costs of appeal are assessed against each losing party. It is so decided as per Disposition by the assent of all participating judges.

Justices of the Supreme Court (Presiding Justice) Kimchi-bak (Presiding Justice)