[이송신청기각결정에대한항고사건][고집1976민(1),25]
Whether or not the party has the right to request a transfer other than the cases prescribed in Article 32 of the Civil Procedure Act.
Since jurisdiction is a matter of ex officio investigation by the court, there is no right to apply for transfer to the parties except for the case prescribed in Article 32 of the Civil Procedure Act.
Articles 32 and 29 of the Civil Procedure Act
On January 21, 1970, 69Ma1191 (Supreme Court Decision 3825 delivered on January 21, 197, Supreme Court Decision 18 ① Decision 782 delivered on January 21, 197, and Article 31(4) of the Civil Procedure Act
Gyeongdong Raeop, Inc.
Other than 1 et al.
Daegu District Court (75 Gohap1436) in the first instance
An appeal shall be dismissed.
The summary of the grounds for appeal of this case is that the other party filed a lawsuit against the appellant as 75 Gahap1436 against the Daegu District Court, but the above lawsuit does not fall under the jurisdiction of the above court, and the decision of the original court which dismissed the appellant's request for transfer is illegal, although it is not transferred to the Seoul District Court, which is the competent court, and thus, the decision of the original court which dismissed the appellant's request for transfer is unlawful.
Judges Kim Young-young (Presiding Judge) and Lee Tae-tae Kim