Even if the transfer application is expressed to be dismissed, it is not illegal.

The summary of the reason for appeal is correct to dismiss the request for transfer in order to reject the rejection of the request for transfer. However, since Article 35 of the Civil Procedure Act stipulates the rejection of the request for transfer, it cannot be illegal even if the request for transfer is rejected in the original decision.

Article 35 of the Civil Procedure Act

Appellant

Appellants

Gwangju District Court Decision 2003Na703

The appeal is dismissed.

The original decision shall be cancelled and this case shall be transferred to the Seoul Civil and Security District Court.

The first ground for the appeal is that the lawsuit is under the jurisdiction of the court where the defendant's general forum (the defendant's address) is located, and despite the provisions of Article 1 of the Civil Procedure Act, the original decision that the Gwangju District Court has jurisdiction over the lawsuit in accordance with Article 16 (1) of the same Act, which provides for the special jurisdiction of the tortfeasor, is unfair. However, if the cause of the lawsuit is stated, it is obvious that the defendant seeks compensation for damages caused by the illegal act committed by the plaintiff, which can be known by the witness's testimony that the tortfeasor is within the jurisdiction of the Gwangju District Court's netcheon Branch, as the plaintiff's argument, so there is no room to discuss that the lawsuit is under jurisdiction of the lawsuit (the Seoul District Court does not have jurisdiction over the lawsuit).

The second ground for appeal is that the request for transfer should be dismissed in order to reject the request for transfer without merit. However, since Article 35 of the Civil Procedure Act stipulates that the request for transfer is dismissed, the request for transfer shall not be dismissed. Therefore, even if it is expressed that the request for transfer is dismissed in the original decision, it is not illegal number of days and there is no practical benefit to strictly distinguish the so-called rejection and dismissal in the case of the request.

Therefore, the original decision is just and the appeal is without merit, so it is decided as per Disposition by applying Articles 413(1) and 384(1)(b) of the Civil Procedure Act.

Judges Kim Dong-chul (Presiding Justice)