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【Syllabus of Latest Opinion】Supreme Court en banc Decision 2017Ma6438 Decided April 22, 2021【Order to Dismiss a Petition of Appeal (Agreed Amount)】

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by davidlaw 2024. 2. 4. 20:43

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【Main Issues and Holdings】

In a case where a duplicate of a petition of appeal cannot be served in an appellate trial, whether the presiding judge of the appellate instance shall fix a reasonable period and order the appellant to correct the domicile of the appellee within such period in accordance with Article 402(1) and (2) of the Civil Procedure Act (affirmative), and when the appellant has failed to correct the domicile of the appellee within such period, whether the presiding judge of the appellate instance shall reject the petition of appeal by his/her order (affirmative)

Whether the foregoing legal doctrine of the Supreme Court precedents ought to be upheld (affirmative)

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