Right to apply for transfer and appeal by a party for lack of jurisdiction

The issue of existence or absence of jurisdiction is that the court is ex officio and unlike the case of a transfer under Article 32 of the Civil Procedure Act, there is no right to request a transfer on the ground of lack of jurisdiction, and therefore the court does not require a trial on the application for a transfer, and even in the case of a judgment dismissing the application for a domestic service, it

Article 29 of the Civil Procedure Act

Supreme Court Order 72Ma1538 Dated February 14, 1973

[Judgment of the court below]

Other Party

Seoul High Court Order 79Ra83 dated October 25, 1979

The reappeal is dismissed.

Re-appellant's re-appeal ground is examined.

According to the court below's decision, the issue of existence or absence of jurisdiction is a matter of ex officio investigation of the court, unlike the case of transfer under Article 32 of the Civil Procedure Act, and unlike the case of transfer under Article 32 of the Civil Procedure Act, so the parties cannot file a complaint against the request for transfer because the parties are not in need of trial and even in the case of refusing the request for transfer, the parties cannot file a complaint against it. The applicant asserted that the defendant's domicile in the case of loan claim No. 79Gahap3770 as the reasons for the application of this case is the Busan Dong-gu, Busan, the court of Seoul, the court of the lawsuit, has no jurisdiction over the case, and it is obvious that the case should be transferred to the Busan, which is the legal cause of the defendant's ordinary location, to the Busan District Court. However, even if the court below rendered an unnecessary trial on this ground, the applicant is not entitled to file a complaint (the existence of jurisdiction is not only based on the plaintiff's ground of appeal as to the above claim, but also based on the above opinion that the plaintiff's claim was dismissed as the defendant's property right.

Therefore, this reappeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Presiding Justice (Presiding Justice)