A. The dismissal decision of the application for the correction of judgment is only allowed to file a special appeal.

B. An appeal against the decision of non-permission of appeal should be regarded as a special appeal even if the party did not indicate that the appeal is a special appeal, and even if the Supreme Court did not have so, it should be regarded as a special appeal.

An appeal against the decision of non-permission of appeal should be regarded as a special appeal even if the party did not indicate that it is a special appeal, and even if the Supreme Court did not return to it, it should be regarded as a special appeal.

Article 197 of the Civil Procedure Act, Article 420 of the Civil Procedure Act

Supreme Court Order 66Ma579 Decided July 26, 1966

Special Appellants

Other 1 and 4 others

Seoul Civil History District Court Decision 71Ra14 delivered on April 15, 1971

special appeal shall be dismissed.

According to the records, the judgment of the court below (referring to the Seoul Civil District Court.....) rendered a request for correction of the judgment on February 16, 1971 from a special appellant with respect to the case at issue on December 26, 1968, and the court below did not have the reason as of February 25, 1971. On March 2, 199, the special appellant submitted a written appeal to the court below on March 15, 200. On April 15, 2009, the Seoul High Court rejected the appeal on the ground that the appeal was groundless. Since it cannot be interpreted as dismissing the application for correction of the judgment on April 15, 200, it cannot be interpreted as dismissing the application for correction of the judgment, it is interpreted that the objection cannot be raised under the interpretation of the main sentence of Article 197 (3) of the same Act, and therefore, the court did not accept the application for correction of judgment from the Supreme Court on the ground that it did not return to the Supreme Court on the records of this case.

(See Order 66Ma579 dated July 26, 1966)

For special appeal, scambling the reasons therefor;

Upon examining the records of the case, it is clear that the special appellant, the plaintiff, did not jointly claim the damages of this case against the defendants, and as such, the court below rendered a judgment consistent with the purport of the special appellant's claim in the original decision. Therefore, the court below's dismissal of the application for correction of the case is just, and there is no error of law by misunderstanding the legal principles as to the correction of the judgment, such as the theory of lawsuit, and therefore, the argument is groundless.

Therefore, the special appeal is dismissed without merit. It is so decided as per Disposition by the assent of all participating judges.

Justices of the Supreme Court (Presiding Judge) Dog-Jak Kim Kim-nam Kim Young-gu