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Main Issues
Whether contents of a written statement other than the head of a reappeal or reappeal can be accepted as a ground for reappeal (negative)
Summary of Judgment
The grounds for reappeal shall be expressed in such a manner as to directly state in the reappeal or the reappeal petition, and it is not possible to accept any other written contents. Thus, the grounds for reappeal application cannot be viewed as legitimate grounds for reappeal even in cases where it has been accepted as the grounds for reappeal.
[Reference Provisions]
Article 413 of the Civil Procedure Act
Reference Cases
Supreme Court Order 79Ma168 Dated June 25, 1979
Re-appellant
Re-appellant
The order of the court below
Daejeon District Court Order 82Ra77 dated October 28, 1982
Text
The reappeal is dismissed.
Reasons
The reappeal's reappeal's reappeal's ground for reappeal's filing without submitting the reappeal's petition is stated as it is. The reappeal's ground for reappeal's filing.
However, the grounds for re-appeal cannot be invoked in other written statements unless it should be expressed in a way directly stated in the re-appeal petition or the re-appeal petition (see, e.g., Supreme Court Order 79Ma168, Jun. 25, 1979).
Therefore, the reappeal is dismissed. It is so decided as per Disposition by the assent of all participating judges.
Justices Jeon Soo-hee (Presiding Justice)