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(영문) 대법원 1970. 1. 21.자 69마1191 결정
[이송신청각하결정에대한재항고][집18(1)민,004]
Main Issues

There is no right to file a request for transfer on the ground of violation of jurisdiction, so even if such request is filed, a trial shall not be required, and even if a trial rejecting such request is not possible.

Summary of Judgment

There is no right to file a request for transfer on the ground of violation of jurisdiction, so even if such request is filed, a trial shall not be required, and even if a trial rejecting such request is not possible.

[Reference Provisions]

Article 31(1) of the Civil Procedure Act

Reference Cases

Supreme Court Order 68Switzerland1 Decided March 19, 1969

Re-appellant

Appellant 1 et al.

United States of America

Seoul High Court Decision 69Ra67 delivered on October 31, 1969

Text

All reappeals shall be dismissed.

Reasons

In light of the records of this case, the court below's decision to dismiss the appeal, but the decision to dismiss the appeal does not have any disadvantage to the re-appellant, and it is clear that the re-appeal does not have any benefit of re-appeal against the decision to dismiss the appeal, and it is not dismissed because it is clearly that the re-appeal has no benefit of re-appeal against the decision to dismiss the appeal, and the re-appeal is unlawful (see this decision of March 19, 1969).

Therefore, it is so decided as per Disposition by the assent of all participating judges under Article 413(2) of the Civil Procedure Act.

The two judges of the Supreme Court (Presiding Judge) the Red Net Sheet

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