Whether an appeal or appeal against the party may be filed against the party by means of a method of filing an appeal against the party, where the unauthorized representative has received a judgment on the burden of litigation costs due to the defect of the power of attorney (negative)

In a case where a lawsuit is dismissed for lack of power of attorney and the litigation representative has been tried to bear the costs of lawsuit pursuant to Article 99 of the Civil Procedure Act, unlike the case of general costs of lawsuit, the provisions of Articles 361, 395, and 413 of the Civil Procedure Act prohibiting an independent appeal against a judgment on costs of lawsuit shall not be deemed to apply, since the person who bears the costs of lawsuit is not the party to the lawsuit, unlike the case of general costs of lawsuit, and thus, the provisions of Articles 361, 395, and 413 of the Civil Procedure Act prohibiting an independent appeal against a judgment on costs of lawsuit shall not be deemed to apply. However, since a litigation representative is not a party to a lawsuit by a judgment on costs of lawsuit but a court cannot be deemed to have tried on disputes

Articles 99 and 361 of the Civil Procedure Act

[Plaintiff-Appellee] 96Ma2133 decided Oct. 10, 1997 (Gong1997Ha, 3384)

Creditors

The debtor

Appellant

Daegu District Court Decision 96Na4754 delivered on September 4, 1996

The appeal shall be dismissed. The costs of appeal shall be assessed against the appellant (Appellant of the first instance court).

Before determining the grounds of appeal, this paper examined ex officio.

In a case where a lawsuit is dismissed for lack of power of attorney and the litigation representative has been tried to bear the costs of lawsuit pursuant to Article 99 of the Civil Procedure Act, unlike the case of general costs of lawsuit, the provisions of Articles 361, 395, and 413 of the Civil Procedure Act prohibiting an independent appeal against a judgment on costs of lawsuit shall not be deemed to apply, since the person who bears the costs of lawsuit is not the party to the lawsuit, unlike the case of general costs of lawsuit, and thus, the provisions of Articles 361, 395, and 413 of the Civil Procedure Act prohibiting an independent appeal against a judgment on costs of lawsuit shall not be deemed to apply. However, as the litigation representative is not a party to a lawsuit by a judgment on costs of lawsuit, nor shall he be deemed to have tried on a dispute between the parties, the

Therefore, the appeal of this case filed by the appellant who was ordered to bear the costs of lawsuit on the ground that the objection against the provisional disposition order filed by the debtor as the legal representative of the first instance court was dismissed on the ground of the defects in the power of attorney, shall be deemed to be an unlawful case and thus, it shall be deemed that the defects cannot be corrected.

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Chocheon-sung (Presiding Justice)