Main Issues
Cases where an application for the supplement of appeal is dismissed;
Summary of Judgment
If the plaintiff's remaining claims are omitted in the disposition and there is a explanation that the plaintiff's remaining claims are dismissed only in the reasons for the judgment, if the plaintiff considered the part of the appeal as to the remaining claims which were dismissed after the appeal period expires, the appeal period as to the part against the plaintiff can not be different from the appeal period as to the part against the plaintiff. Thus, the non-compliance with the peremptory period becomes a cause attributable to the plaintiff, and thus, it is unlawful to complete the above order.
[Reference Provisions]
Article 160 of the Civil Procedure Act
Reference Cases
65Ma139 delivered on April 23, 1965 (Supreme Court Decision 7831 delivered on April 23, 1965, Supreme Court Decision 160(20)847 of the Civil Procedure Act)
Plaintiff 1 and appellant
Plaintiff
Defendant, Appellant
Defendant
Judgment of the lower court
Daegu District Court (71 Gohap82) in the first instance
Text
The appeal shall be dismissed.
Expenses for appeal shall be borne by the plaintiff.
Effect of Request and Appeal
The part against the plaintiff in the original judgment shall be revoked.
The defendant shall make an appraisal of the parts indicated in the separate drawings (i) and the parts indicated in the separate drawings (ii) constructed by 2 in Daegu-si, Northern-si, 152 to 62 square meters on the ground of 152 to 90 to 62 Gabbe, and 8 in 1, 5, 1, 5, 8, 1, 1, 1, 1, 1, 1, 9, 1, 9, 1, 9, 1, 1, 5, 1, 3, 5, 1, 2, 1, 3, 1, 3, 1, 3, 1, 1, 1, 3, 1, 1, 1, 1, 1, 1, 1, 1, 1, 1, 1, 6, 16, 4, 1, 16, 1, 6, 16, 4, 1, 6, 4, 1, 5.
All the costs of lawsuit shall be borne by the defendant in the first and second instances.
Reasons
The gist of the plaintiff's appeal of this case is that the plaintiff's appellate brief of this case was rejected on February 8, 1971, and the plaintiff's appellate brief of this case of this case of this case of this case of this case of this case of this case of this case of this case of this case of this case of this case of this case of this case of this case of this case of this case of this case of this case of this case of this case of this case of this case of this case of this case of this case of this case of this case of this case of this case of this case of this case of this case of this case of this case of this case of this case of this case of this case of this case of this case of this case of this case of this case of this case of this case of this case of this case of this case of this case of this case of this case of this case of this case of this case of this case of this case of this case of this case of this case of this case of this case of this case of this case of this case of this case of this case of this case of this case of this case of this case of this case of this case of this case of this case of this case of this case of this case of this case of this case of this case of this case of this case of 3.
Judges Seo-sok (Presiding Judge) Hun-Gaon Park Jae-joon