The method of filing an appeal against a judgment by the court of execution which dismissed a special appeal for the clear reason that it has exceeded the period of special appeal (=Immediate appeal)

Articles 399(2) and (3), 425, 449, and 450 of the Civil Procedure Act; Article 23(1) of the Civil Execution Act

Applicant

A limited liability company for the manufacture and processing of flat fish for agricultural corporations

Chuncheon District Court Order 2009Ma344 dated February 17, 2010

the case shall be transferred to the Panel Division of the Chuncheon District Court.

ex officio deemed.

Article 449 of the Civil Procedure Act, which applies mutatis mutandis to civil execution procedures pursuant to Article 23(1) of the Civil Execution Act, provides that a special appeal may be filed with the Supreme Court only in cases where there is a violation of the Constitution affecting a trial, or a violation of the order, rule, or disposition which is the premise of a trial, or on the ground that a judgment on whether or not a violation of the Constitution or a law, which is the premise of a judgment, is unreasonable, may be filed with the Supreme Court, but the judgment may be filed within a peremptory period of one week from the date the judgment is notified. In addition, Article 39(2) and (3) of the Civil Procedure Act, which applies mutatis mutandis to a special appeal pursuant to Articles 450 and 425 of the same Act, shall be dismissed by the order, and an immediate appeal may be filed against such order. Accordingly, if a special appellant has an objection against the judgment of the court of execution which has dismissed a special appeal for the clear reason that it has exceeded the period of time.

According to the records, on February 5, 2009, the special appellant filed an appeal against the above dismissal ruling on December 17, 201, on the ground that the special appellant had been notified of the dismissal ruling on December 17, 2009 and the special appellant filed an appeal on February 11, 201, on the ground that the above appeal was filed after the expiration of the period of special appeal and the special appeal was rejected on February 17, 2007, the special appellant rejected the above appeal on the ground of Article 449(2) of the Civil Procedure Act, which provides for the period of special appeal, on the ground that the special appellant was rejected on the ground that the above appeal was filed after the expiration of the period of special appeal, and the special appellant filed an appeal on December 17, 2009, and the court below rejected the appeal on the ground that the special appellant was sent to the Supreme Court on February 26, 2010, and submitted the records of the appeal to the Supreme Court.

However, as seen above, if the judgment of the court below which rejected a special appeal is dissatisfied with the judgment of the court below, an immediate appeal may be filed, and therefore, even if the title of the document submitted to the court below is "re-appeal" and is stated in the end of the judgment, it shall be treated as filing an immediate appeal. Thus, the competent court shall be deemed as the collegiate division of the Chuncheon District Court.

Therefore, it is so decided as per Disposition by the assent of all participating Justices on the bench to transfer this case to the competent court.

Justices Park Si-hwan (Presiding Justice)