Special appeal against the order to dismiss the reappeal by the presiding judge of the Supreme Court

The provisions of Article 420 of the Civil Procedure Act may make a special appeal to the Supreme Court against a ruling or an order issued by the lower court where no legal objection is raised, only when such ruling or order is based on a violation of the Constitution or Acts. No special appeal may be made against a ruling or order issued by the presiding judge of the Supreme Court to dismiss the reappeal.

Article 420 of the Civil Procedure Act

Supreme Court Order 68Na13 dated Feb. 14, 1969 (No. 1710Da214 Decided Feb. 18, 1969) 69Da3 dated Feb. 18, 1969

Special Appellants

Supreme Court Order 94Ma1140 Dated June 24, 1994 (Supreme Court Order 94Ma2443 Dated May 17, 1994)

The special appeal is dismissed.

The provisions of Article 420 of the Civil Procedure Act may make a special complaint to the Supreme Court only in a case where a ruling made by the lower court or an order, in which a legal objection cannot be raised as an order, on the ground that the ruling or order was in violation of the Constitution or Acts. The presiding judge’s rejection order of the reappeal cannot make a special complaint to the Supreme Court. Thus, the special complaint of this case is unlawful.

According to the records, there is no error in the judgment of the court below that rejected the petition of appeal on the ground that the security amounting to 1/10 of the successful bid price was not deposited pursuant to Article 642(4) of the Civil Procedure Act, and there is no error in the judgment of the court below,

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

Justices Park Jong-ho (Presiding Justice)