A copy of the order to revise the address of the appellee after a duplicate of the petition of appeal is served (negative)

The presiding judge of the appellate court may, in case where the appellant fails to comply with the order of rejection of the petition of appeal, in case where a service of the petition of appeal is impossible, and such appellant has been ordered, but the petition of appeal has been served on the appellee, and after the pleadings of the appellate court have been commenced, he shall order the appellee to revise it on the grounds that the summons, etc. of date of pleading of the appellant is impossible

Article 371 of the Civil Procedure Act

Supreme Court Order 73Ma641 Dated October 26, 1973

Re-appellant

Other Party

Suwon District Court Order 80Na159 dated June 18, 1981

The original order shall be reversed, and the case shall be remanded to the Suwon District Court Panel Division.

According to the records, the court below, after accepting the appeal case by the appellant, shall serve a copy of the petition of appeal on the plaintiff, open the pleading three times, and after conducting the examination of evidence, shall close the pleading, and after which the pleading has been resumed on May 12, 1981, designated the date for pleading as of May 27, 1981, and served again to the plaintiff on May 10, 1981, but it was impossible to serve the original copy of the summons of the date for pleading and the decision on resumption of pleading on the date for pleading on May 27, 1981, but it was impossible to correct the address of the plaintiff to the re-appellant present on the date for pleading

However, pursuant to Articles 371 and 231 of the Civil Procedure Act, the appellate court's presiding judge may issue an order to dismiss the petition of appeal by his own authority shall be limited to the case where he fails to comply with the correction even before the delivery of the petition of appeal, that is, when the service of the petition of appeal is impossible, and the order to correct is issued. In this case, the presiding judge shall not dismiss the petition of appeal by his order after the petition of appeal is served on the appellee and the pleadings of the appellate court

Nevertheless, the measure of rejecting the petition of appeal on the grounds as seen above cannot be unlawful. Thus, the appeal of this case is eventually justified.

Therefore, the original order is reversed, and the case is remanded to the court below. It is so decided as per Disposition by the assent of all participating Justices.

Justices Shin Jong-young (Presiding Justice)