[이송신청각하결정에대한재항고][집21(1)민,082 공1973.5.15.(464), 7295]
Matters concerning the existence of jurisdiction and the right to request the transfer of the party;
The issue of whether jurisdiction exists or not is ex officio and unlike the case of transfer under Article 32 of the Civil Procedure Act, there is no right to apply for transfer to the parties.
Article 29 of the Civil Procedure Act, Article 32 of the Civil Procedure Act
[Judgment of the court below]
Daegu High Court Order 72Ra20 dated November 10, 1972
The reappeal shall be dismissed.
In light of the records, the court below's decision to dismiss the appeal, but the decision to dismiss the appeal does not have any disadvantage against the re-appellant, and it is clear that the re-appeal of this case does not have any interest in the original appellate court's decision, and the re-appeal of this case is illegal (see Supreme Court Order 69Ma1191, Jan. 21, 1970). It is decided as per Disposition by the assent of all Justices who reviewed the appeal of this case, and decided that the re-appeal of this case is illegal (see Supreme Court Order 69Ma1191, Jan. 21, 1970).
Justices Kim Young-chul (Presiding Justice)