Cases of the judgment of the first instance court directly after revoking the judgment of the first instance for the reason that the public prosecution is illegal;

Where an appellate court revokes a judgment of the first instance, which has dismissed a lawsuit on account of its illegality, it shall not render a judgment on the direct merits, and shall return it to the court of first instance without fail.

Article 388 of the Civil Procedure Act

Han-dong

Regular ropes et al.

Seoul High Court Decision 59No788 delivered on October 20, 1960, Seoul High Court Decision 2005Da2788 delivered on October 20, 200

the original judgment shall be reversed.

This case is remanded to the Seoul High Court.

The grounds for appeal by the defendant's attorney are as stated in the reasons for appeal which are attached later. According to the second instance judgment, since the first instance court's farmland was transferred to the State simultaneously with the enforcement of the Farmland Reform Act, the plaintiff lost ownership, and the person who has an objection to the enforcement of the Farmland Reform Act should file a lawsuit pursuant to Article 24 of that Act before the revision after filing a request for reconsideration with the Farmland Committee pursuant to Article 22 of that Act. Since there is no evidence that the lawsuit was dismissed due to its illegality, it is obvious that the lawsuit was dismissed, and according to the original judgment, it is obvious that the lawsuit does not fall under Article 24 of the Farmland Reform Act before the amendment, and it is obvious that the first instance court's judgment was revoked and decided on the merits. Thus, according to Article 388 of the Civil Procedure Act, if the first instance court's judgment which was dismissed due to its illegality is revoked, the judgment of the court below should be remanded to the court of first instance without any further review of the original judgment, and the judgment should be remanded to the court below without any error.

Justices of the Supreme Court (Presiding Judge)