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(영문) 대법원 1969. 12. 8.자 69마703 결정
[항소장각하명령에대한재항고][집17(4)민,125]
Main Issues

The ruling or the order is established when the original of the judgment was delivered to the court administrative officer or clerk, and it is not possible to cancel it by the re-design even if it is possible to cancel it even if it was made before the order was notified, unless the order to dismiss the petition of appeal was concluded.

Summary of Judgment

The ruling or the order is established when the original of the judgment was delivered to the court administrative officer or clerk, and it is also impossible to cancel the ruling or the order by the re-design even if the stamp correction was made before the notification of the petition of appeal.

[Reference Provisions]

Articles 207, 231, and 416 of the Civil Procedure Act

Reference Cases

64-No. 64-2 Notice of May 14, 1964 and 68-No49 Notice of July 29, 1968

Re-appellant

Appellant 1 and 7 others

United States of America

Seoul High Court Order 69Na1845 dated July 16, 1969

Text

Each reappeal is dismissed.

Reasons

The reasons for re-appeal by a joint representative is health;

The ruling or order that does not require a declaration shall be deemed to have been established when the original of the judgment is delivered to the court administrative officer or clerk (see Supreme Court Order 64Hun-Ga2, May 14, 1964). According to the records, since the presiding judge of the court below prepared an order to dismiss the petition of appeal on July 16, 1969 and delivered it to the court administrative officer, the order to dismiss the petition of appeal shall not lose its validity on the ground that the rejection order was corrected at three o'clocks in the same day prior to the notification of the order, and it shall not lose its validity on the ground that the order to dismiss the petition of appeal was already issued at three o'clocks in the same day before the order is issued (see Supreme Court Order 68Hun-Ga49, Jul. 29, 1968). Thus, the order to dismiss the petition of appeal by the court

Therefore, each reappeal is dismissed. It is so decided as per Disposition by all participating Justices on the bench.

Supreme Court Judges Kim Young-chul (Presiding Judge) (Presiding Justice) Mag-gim Kim, Kim Jong-dae and Yang-Namng

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