Where an appeal or reappeal against a decision of permission for a successful bid is dismissed, the competent court of the lawsuit for retrial;

Where an appeal against the decision of permission of an adjudication is dismissed, and the reappeal against it is also dismissed, a retrial against the above decision of permission of an adjudication shall fall under the exclusive jurisdiction of the appellate court which has dismissed the above appeal.

Articles 431 and 424 of the Civil Procedure Act

Quasi-Review Plaintiff

Korea

Suwon District Court of Seoul District Court of the first instance (68Hun-Ba3) (Seoul District Court Decision)

The original judgment shall be revoked.

The case is transferred to the collegiate division of the Seoul Civil Court.

The decision that rendered the Seoul Civil and Criminal District Court's branch on May 24, 1967 with respect to a compulsory auction application case for real estate auction on the same support 65ta99 shall be revoked.

On May 22, 1967, the report of this auction shall be rejected and re-auctions.

The original judgment is revoked, and a judgment like the purport of the claim is sought.

According to the records of the auction of this case, the decision of approval of auction of this case was rendered on April 24, 1967 by the Seoul District Criminal Court's branch court. On May 30, 1967, the plaintiff of this case appealed and filed an appeal on May 30, 1967. On September 14, 1968, at the collegiate division of the Seoul Civil District Court, the plaintiff made a decision of dismissal under the same court's 67T503. The plaintiff re-appeal on September 21, 1967. However, on November 14, 1967, the Supreme Court dismissed the reappeal under the same court's 66Ma16161. Thus, it can be recognized that the decision of approval of auction of this case became final and conclusive, which is the original decision of approval of auction of this case, since the retrial court in this case's dismissal of the above appeal is subject to the exclusive jurisdiction of the Seoul Civil District Court's exclusive jurisdiction.

(The court of original judgment is not capable of dealing with the judgment to be dealt with by decision in addition to the exclusive jurisdiction violation.

Accordingly, according to Articles 431, 425, and 389 of the Civil Procedure Act, the original judgment shall be revoked, and it shall be transferred to the collegiate division of the Seoul Civil Procedure Act, which is the legal ground of its jurisdiction.

It is so decided as per Disposition.

Judges Kim Hong (Presiding Judge)