In filing an application for a transfer, the reasons that did not claim in the original court on the place of performance cannot be a legitimate re-appeal.

In filing an application for transfer, the reason that is not asserted in the original instance as to the place of performance cannot be a legitimate ground for reappeal.

Article 412 of the Civil Procedure Act

Appellant 1 and four others

Seoul High Court Order 71Ra24 dated June 18, 1971

The reappeal is dismissed.

The court below is just in the judgment below which rejected the application for transfer of this case on the ground that the Seoul Civil District Court's jurisdiction as the court having jurisdiction over the place where the plaintiff's obligation was performed and that the plaintiff's claim for the purchase price of goods against the defendants (the re-appellant) is not a special circumstance as to whether the claim for the purchase price of goods was performed, and therefore, the Seoul Civil District Court did not accept the application for transfer of this case on the ground that it was not a transfer by convenience of the re-appellant on the ground that the court below has jurisdiction as the court having jurisdiction over the place where the plaintiff's obligation was performed. The argument that the purchase price of the

Therefore, it is so decided as per Disposition by the assent of all participating Justices.

Supreme Court Judge Bunkh Jeong-won (Presiding Judge)