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(영문) 대법원 1970. 1. 8.자 69마1097 결정
[이송신청각하결정에대한재항고][집18(1)민,001]
Main Issues

As long as territorial jurisdiction exists at the time of filing a lawsuit, the transfer of address thereafter shall not affect its jurisdiction.

Summary of Judgment

As long as territorial jurisdiction exists at the time of filing a lawsuit, the movement of address thereafter shall not affect its territorial jurisdiction.

[Reference Provisions]

Article 31(1) of the Civil Procedure Act

Re-appellant

Re-appellant

United States of America

Seoul Civil History District Court Decision 69Ra624 delivered on September 22, 1969

Text

The reappeal is dismissed.

Reasons

In this case, on the premise that the defendants' address at the time of the lawsuit in this case is in Seoul Special Metropolitan City, the transfer of the plaintiff's address after the lawsuit is recognized as territorial jurisdiction, which is the cause of the defendants' general forum location, to the Seoul Civil and Security District Court, cannot affect the case in which the jurisdiction has already been determined, and on the ground that the location of the real estate in this case is the jurisdiction of the Suwon Civil and Security District Court, the transfer of the plaintiff's address after the lawsuit cannot be reported to the re-appellant's request for transfer. Therefore, the court below's decision against the original decision is just and there is no objection to the re-appeal that criticizes the original decision.

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

[Judgment of the Supreme Court (Presiding Judge) Nabri-dong and Dobri-Jaking Hanwon

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