In a case where the appellate court has rejected or dismissed an immediate appeal against a ruling of rejection or dismissal of a motion for challenge, the legal nature of the reappeal against it (=Immediate appeal)

Articles 47(2), 439, 442, and 444 of the Civil Procedure Act

Re-appellant

Daejeon High Court Order 2006Ra45 dated April 11, 2006

The reappeal is dismissed.

The grounds of reappeal are examined.

An immediate appeal may be filed against a ruling of rejection or dismissal as to a motion for challenge (Article 47(2) of the Civil Procedure Act), and the reappeal is divided into ordinary appeal and immediate appeal as well as an immediate appeal, but its distinction is not based on whether the original appeal itself is an ordinary appeal or an immediate appeal, but based on the contents of the judgment that became the object of a reappeal, and thus, if the appellate court dismissed or dismissed the above immediate appeal, the reappeal against it is characterized as an immediate appeal.

According to the records, when the first instance court dismissed the applicant's application on February 10, 2006 with respect to the case of challenge against the Cheongju District Court 2006Karo31 (hereinafter "applicant"), the applicant filed a complaint with Daejeon High Court 2006Ra45, but the appellate court dismissed the appeal on March 20 of the same year, and the decision to dismiss the appeal was served on the applicant on April 29 of the same year, and the applicant filed a reappeal on April 10 of the same year, but the appellate court dismissed the reappeal on April 11 of the same year on the ground that the applicant exceeded the re-appeal period.

Therefore, since it is obvious that the reappeal of this case was filed with an excessive period of reappeal, the court below's rejection of the reappeal of this case is justified as a legitimate measure, and there is no illegality asserted as a ground for reappeal of this case.

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

Justices Kim Nung-hwan (Presiding Justice)