Where a written appeal has been submitted to another court, and the period for submission of a written appeal has been served to the original court;

Since an appeal is subject to submission of a written appeal to the lower court, it shall be based on the time when the written appeal is received by the lower court. Therefore, even in cases where another written appeal has been submitted to the lower court, it shall be determined on the basis of the time when the written appeal is received by the lower

Article 415 of the Civil Procedure Act

Re-appellant

Seoul Central District Court Order 78Ra197 Dated May 11, 1979

The reappeal shall be dismissed.

The reappeal of this case is judged ex officio as to the legitimacy of the reappeal.

According to the records, the original decision was served on May 22, 1979 on the re-appellant's representative, and it is clear that the re-appeal was received to the court below on July 16 of the same year. Thus, this re-appeal is unlawful and unreasonable as it was far more than the period of appeal immediately and it is of the nature that it cannot be corrected. Thus, the reappeal is dismissed.

According to Article 415 of the Civil Procedure Act, an appeal is stipulated to be filed to the court below. Thus, the time when the reappeal was received to the court below, which is based on the time when it was received from the court below. According to the records, the reappeal was received on July 2, 1979 from the Seoul Civil District Court Branch Branch, which is a cause of auction law, and the reappeal was sent to the court below in the same support. As such, it is obvious that the period of reappeal was expired (the period of reappeal was imposed even on the day when it was received from the above Sungdong branch branch).

Therefore, it is so decided as per Disposition by the assent of all participating Justices who reviewed the reappeal.

Justices Kim Yong-chul (Presiding Justice)