The timing for determining whether the re-appeal period is observed;

According to Articles 413, 395, and 367 of the Civil Procedure Act, the re-appeal shall be submitted to the lower court. Thus, even in cases where a re-appeal was submitted by mail to the Supreme Court and was sent to the lower court, whether the re-appeal period is observed shall be determined by the time when the re-appeal was received by the lower

Articles 413, 395, and 367 of the Civil Procedure Act

Re-appellant

Busan District Court Order 84Ra173 Dated February 27, 1985

The reappeal shall be dismissed.

ex officio, we examine the legitimacy of the reappeal of this case.

According to the records, the date when the original judgment was served on the Re-Appellants, and it is clear that the reappeal of this case was served on March 4, 1985, and the date when the reappeal of this case was received to the original court (as a result of the records, the reappeal of this case was immediately served on the party members on March 9, 1985 and sent to the original court), and according to Articles 413, 395, and 367 of the Civil Procedure Act, the reappeal of this case requires the submission to the original court. Accordingly, the period should be observed based on the time when the reappeal of this case was received to the original court. Thus, the reappeal of this case is unlawful with the peremptory term of the reappeal of this case, and thus, it is impossible to correct its defect.

Therefore, this case is dismissed, and it is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Jeong Tae-tae (Presiding Justice)