[제소명령][각공2011상,627]
In a case where a judicial assistant of the district court rejected a petition filed by a debtor Gap of provisional seizure, and Gap appealed, but the district court rendered a ruling of the first instance court that approves a disposition of a judicial assistant, the case holding that the jurisdiction of the above appeal case is transferred to a collegiate panel of the district court, which is not the high court, on the ground that it is a collegia
In a case where a judicial assistant of a district court dismissed a petition filed by a debtor Gap of provisional attachment, and the appeal was filed by a single judge of a district court, but the court rendered a decision of the first instance court that approves a disposition by a judicial assistant of a district court, the case holding that the petitioner's petition of appeal itself was received before January 1, 201, which was the enforcement date of the "Rules on the Jurisdiction of Civil and Family Lawsuits" amended by Supreme Court Regulation No. 2310, Dec. 13, 2010, but the appeal is deemed as the nature of the objection against the disposition by the judicial assistant, and since the first instance court's decision is deemed as being converted to the appeal only after the execution date of the above disposition by the judicial assistant of a district court, not the High Court, was transferred to the collegiate division of the first instance court, which is the competent court.
Article 32(2) of the Court Organization Act; Article 4(2) of the former Rules on the Jurisdiction of Property in Civil and Family Litigation (Amended by Presidential Decree No. 2310, Dec. 13, 2010); Articles 1 and 2 of the Addenda to the Rules on the Jurisdiction of Property in Civil and Family Litigation (Amended by Presidential Decree No. 2310, Dec. 13, 2010); Article 4(6)5 and (9) of the Rules on Judicial Assistants; Article 23(1) of the Civil Execution Act; Article 34(1) of the Civil Procedure Act
Applicant
Respondent
Suwon District Court Order 2010Kaga2443 dated February 22, 2011
The case is transferred to Suwon District Court Panel Division.
We examine ex officio.
According to the records, in Suwon District Court 2010Kadan101726, a single judge of the above court rendered a provisional attachment ruling on June 25, 2010 by the ruling of the ruling of the court in the provisional attachment of the claim for withdrawal of deposit money against the applicant filed by the respondent, and the applicant filed an application for the instant order with the above court on December 3, 2010, but the above court assistant officer dismissed the said application on December 10, 201, and the applicant filed an appeal on December 14, 2010, but the above court single judge of the above court rendered the first instance ruling authorizing the disposition of the above judicial assistant on February 22, 2011.
However, under the “Rules on the Jurisdiction of Property of Civil and Family Litigation” amended by the Supreme Court Regulation No. 2310, Dec. 13, 2010, the case in which a petition of appeal or a petition of appeal is received after January 1, 201 with respect to the judgment of the first instance, ruling or order issued by a single judge of a district court, was tried by the collegiate panel of a district court, which is not the high court, in accordance with Article 32(2) of the Court Organization Act and Articles 1 and 2 of the Addenda of the above amended Rules, by deleting the provisions under the “Rules on the Jurisdiction of Property and Family Litigation”, which had been stipulated in the judgment of the first instance, ruling or order issued by a single judge of a district
In this case, although the petitioner's petition of appeal was received before January 1, 201, the appeal is deemed to have the nature of the objection against the disposition by the judicial assistant officer, and Article 4 (6) 5 of the Rules on the Judicial assistant officer's Disposition provides that "if a judge handles a disposition by the judicial assistant officer among the dispositions by the judicial assistant officer, the objection against the disposition subject to appeal or immediate appeal shall be approved, and the case of objection shall be forwarded to the appellate court. In this case, the objection shall be deemed an appeal or immediate appeal under the pertinent Act." In this case, Article 4 (9) provides that "the appellate court in receipt of the objection case shall be deemed an appeal or immediate appeal against the authorized disposition by a single judge, etc., and shall proceed with the trial procedure by deeming it an appeal or immediate appeal against the authorized disposition by the judicial assistant officer on February 22, 2011."
Therefore, this case is no longer under the jurisdiction of this court, and it is to be transferred to the Suwon District Court Panel Division which is the competent court pursuant to Article 23(1) of the Civil Execution Act and Article 34(1) of the Civil Procedure Act.
Judges Lee Jong-ok (Presiding Judge)'s tenure of office