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(영문) 서울고법 1965. 10. 28. 선고 65나1062 제5민사부판결 : 확정
[친족회원해임청구사건][고집1965민,458]
Main Issues

The competent court of a lawsuit on dismissal of a family council member;

Summary of Judgment

A lawsuit concerning the dismissal of a family council member is the exclusive jurisdiction of the family court which is the case of Class A as provided in the 11th sentence of the Family Litigation Act.

[Reference Provisions]

Article 1 of the Family Inquiry Act

Plaintiff and appellant

Plaintiff

Defendant, Appellant

Defendant 1 and two others

Judgment of the lower court

Seoul and Criminal District Court of the first instance (64A888) Suwon Branch Court of the Seoul and Criminal Court of the first instance

Text

1. Revocation of the original judgment;

2. The case shall be remanded to Seoul Civil and Criminal District Court Suwon Branch.

Purport of claim and appeal

The plaintiff's attorney has revoked the original judgment and shall dismiss the defendants from the non-party's relative member.

All of the costs of lawsuit in the first and second instances have been tried to the effect that they shall be borne by the Defendants.

Reasons

The records will be examined ex officio. The plaintiff claims that the defendants be dismissed from a relative member organized on behalf of the non-party, and the court below made a decision in accordance with the civil procedure. However, since the lawsuit on dismissal of the family council members is an exclusive jurisdiction of the family court corresponding to the case of Class A as provided in Article 1 of the Family Trial Act, the original court should have judged it in accordance with the procedure stipulated in the same Act. Thus, it cannot be said that there was no error in the judgment procedure of the original court. Thus, the original court's judgment was revoked by applying Articles 387 and 388 of the Civil Procedure Act and Article 388 of the Addenda to the Court Organization Act (the date of July 31, 1963) in order to re-examine the original court in accordance with the family trial procedure, and the case is remanded to the original court which has jurisdiction, and it is so decided as per Disposition.

Judges Kim Young-ju (Presiding Justice)

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