[1] The method of disputing the decision of the appellate court (=re-appeal)

[2] The case holding that the appellate court's immediate appeal against the order to dismiss the reappeal of the appellate court's rejection of the reappeal shall be deemed a reappeal of the appeal under Article 442 of the Civil Procedure Act

[1] Article 442 of the Civil Procedure Act / [2] Article 442 of the Civil Procedure Act

[1] Supreme Court Order 2004S19 dated April 28, 2004 (Gong2004Sang, 999)

Applicant

Supreme Court Order 2004Ma685 Delivered on October 29, 2004

The quasi-appeal is dismissed.

1. According to the records, the first instance court dismissed the applicant's application on April 20, 2004 with respect to the case of filing a lawsuit in Seoul Southern District Court 2004Ka-gu 10, Seoul Southern District Court 2004. The applicant filed an appeal under the above court 2004Ra34, but the appellate court dismissed the appeal on May 31 of the same year (hereinafter referred to as "the rejection decision of the appeal in this case") and the appellate court rejected the reappeal on the ground that it is obvious that the applicant's filing of the reappeal is beyond the re-appeal period (hereinafter referred to as "the rejection order in this case"), and the appellate court, upon filing an immediate appeal against the applicant, sent the record by deeming it as the reappeal to the Supreme Court, and the Supreme Court rendered a ruling that dismissed the reappeal on October 29, 2004.

2. The applicant filed the instant dismissal order with the status of the first instance court, not as the appellate court, and the applicant did not file an immediate appeal against the instant dismissal order, but did not file a reappeal against the instant dismissal decision. Thus, the appellate court, which received the petition of a final appeal, should have sent records to the Seoul High Court, not the Supreme Court, but the appellate court, which received the petition of a final appeal, dismissed the reappeal by viewing the object of objection as the dismissal decision of the instant appeal, without exceeding these points. This asserts that the decision constitutes grounds for retrial under Article 451 (1) 1 or 9 of the Civil Procedure Act.

3. Article 442 of the Civil Procedure Act provides that "A reappeal may be filed only when it is required on the ground of a violation of the Constitution, Acts, subordinate statutes, orders, or rules affecting the conclusion of the judgment on the decision of the appellate court, the appellate court, or the appellate court." Thus, the decision of the appellate court should be contested by re-appealing to the Supreme Court (see Supreme Court Order 2004S19, April 28, 2004). Thus, the decision of the appellate court to re-examine the applicant's immediate appeal against the dismissal order of this case as a re-appeal is correct and correct in accordance with the above provision, and it cannot be said that there is

In addition, it cannot be deemed that the decision subject to quasi-examination was dismissed by deeming the rejection decision of this case as the object of objection rather than the rejection order of this case, and it cannot be deemed that there was an error of omission of judgment on important matters that may affect the judgment.

Therefore, the quasi-appeal of this case is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Jack-dam (Presiding Justice)