[청구이의결정에대한재항고][집28(3)민,197;공19812.15.(650) 13503]
The Seoul Family Court shall apply Article 31(1) of the Civil Procedure Act to a case where a lawsuit exclusive jurisdiction is filed with another court
If the Seoul Family Court filed a lawsuit of demurrer with an exclusive jurisdiction over the claim with the Seoul Family Court, it violates the exclusive jurisdiction, but the Family Court shall apply mutatis mutandis the provisions of the Civil Procedure Act to the extent that it does not go against its nature by Article 13 of the Family Litigation Act, so the above sex support shall not be dismissed, but shall be transferred to the Seoul Family Court pursuant to Article 31(1) of the Civil Procedure Act.
Articles 31(1), 505, and 524 of the Civil Procedure Act; Article 9 of the Family Trial Act; Article 13 of the Personnel Litigation Act
Re-appellant
Seoul High Court Order 80Ra56 dated September 2, 1980
The original decision shall be reversed and the first instance decision shall be revoked.
The case shall be transferred to Seoul Family Court.
ex officio lives will be taken.
According to the reasoning of the original decision, the court below held that the lawsuit of objection with respect to the claim established by the judgment of the court of first instance is subject to the exclusive jurisdiction of the Seoul Family Court, which is the cause of the judgment of the court of first instance, and that the decision of the court of first instance dismissed the lawsuit for this reason is justifiable.
On the other hand, a lawsuit of objection shall be subject to the exclusive jurisdiction of the court of first instance under Articles 505 and 524 of the Civil Procedure Act, and the plaintiff's lawsuit of objection established by the judgment of the court of first instance shall be brought to the branch court of the Seoul District Court in violation of its exclusive jurisdiction. However, the Family Court shall apply mutatis mutandis the provisions of the Civil Procedure Act to the extent that it does not go against its nature by Article 9 of the Family Trial Act and Article 13 of the Personnel Litigation Act. Thus, the case should have been transferred to the Seoul Family Court, which is the exclusive jurisdiction under Article 31 (1) of the Civil Procedure Act, not to dismiss the lawsuit. Accordingly, the first instance court's decision that dismissed this case without it, which violates the legal principles as to transfer, which is an ex officio jurisdiction, and the original decision shall also be reversed. Thus, the original decision shall not be reversed.
Therefore, it is so decided as per Disposition by the assent of all participating Justices on the bench that the original decision shall be reversed and the case shall be transferred to Seoul Family Court.
Justices Kim Hong-chul (Presiding Justice)