Chapter V, BOOK II and of Chapter VII, BOOK II.
274. (Effect of acts of litigation conducted at the court of first instance)
1. Acts of litigation conducted at the court of first instance shall be given effect at the
Uttor appellate review.
2. Preparatory proceedings for oral argument conducted at the court of first instance
shall be given effect at the Uttor appellate review.
275. (Restraint on assertion of lack of jurisdiction at the court of first instance)
The parties may not assert during an Uttor appellate review that the court of first
instance lacked jurisdiction. However, this shall not apply to cases involving exclusive
jurisdiction.
276. (Institution of cross-action)
1. A cross-action may be filed in an Uttor appeal action only with the consent of the
other party.
2. Where the other party defends a cross-action on the merits without raising an
objection, such defense will be deemed consent to the cross-action.
277. (Dismissal of Uttor appeal)
1. The Uttor appellate court shall dismiss [with prejudice] the Uttor appeal on
determining that the judgment made by the court of first instance was appropriate.
2. Even where the judgment of the court of first instance is found inappropriate for
the reason given, an Uttor appeal shall be dismissed [with prejudice] if the
judgment is appropriate for another reason.
278. (Scope of amendment of judgment of the court of first instance)
The judgment of the court of first instance may be amended only to the extent sought by
the Uttor appeal or the incidental Uttor appeal.
279. (Reversal of judgment of court of first instance)
1. The Uttor appellate court shall reverse the judgment of the court of first instance
in the following cases:
(a) where the judgment was inappropriate; or
(b) where a serious procedural error occurred in the trial of first instance.
2. In the cases described in Paragraph 1, the Uttor appellate court shall adjudicate the
action, except where the provisions of Articles 280 (Remand of case) and 281
(Transfer due to error involving exclusive jurisdiction in court of first instance)
apply.
280. (Remand of case)
1. The Uttor appellate court shall, in cases where it reverses a judgment of the court
of first instance which dismissed [without prejudice] the action as not in
conformance with law, remand the case to the court of first instance. However, this
shall not apply to cases in which no further argument is required.
2. In addition to the cases described in Paragraph 1, the Uttor appellate court may,
where it reverses a judgment of the court of first instance, remand the case to the
court of first instance if further argument is required.
3. Where a case is remanded due to a procedural error in the court of first instance,
all proceedings previously carried out in such court in regard to that case shall be
deemed reversed.
281. (Transfer due to error involving exclusive jurisdiction in court of first
instance)
Where a judgment of the court of first instance is reversed due to an error involving
exclusive jurisdiction, the Uttor appellate court shall issue a judgment transferring the
case to a court having jurisdiction over the case.
282. (Declaration of provisional execution on judgment in Uttor appeal)
With regard to a judgment concerning a claim for the payment of money, the Uttor
appellate court shall, upon motion, declare that a provisional execution may be carried
out without the provision of security, except where such a declaration is unnecessary.
However, where the Uttor appellate court deems it appropriate, the court may require
that security be provided as a condition for granting the provisional execution.
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