Whether a party to a lawsuit has the right to file a request for transfer on the ground of violation of jurisdiction (negative), and in a case where the original decision of transfer was revoked in the appellate trial, whether the applicant’s reappeal is allowed (negative)

The jurisdiction of the court of a lawsuit is determined ex officio as a matter of the court's ex officio investigation and the court does not have jurisdiction pursuant to Article 34 (1) of the Civil Procedure Act, and it does not have the right to file a transfer application for lack of jurisdiction against the parties to the lawsuit. Therefore, even in the case where the parties have filed an application for transfer on the ground of lack of jurisdiction, it is only the call for the court's ex officio action. Meanwhile, in the case where the court makes a decision of transfer upon the party's request, an immediate appeal is allowed (Article 39 of the Civil Procedure Act). However, as long as the party's right to file a transfer is not acknowledged, even if the original decision of transfer was

Articles 34(1), 39, and 442 of the Civil Procedure Act

Supreme Court en banc Order 93Ma524 dated December 6, 1993 (Gong1994Sang, 201)

Re-appellant

Suwon District Court Order 2017Ra715 dated September 14, 2017

The reappeal shall be dismissed.

ex officio deemed.

The Re-Appellant applied for transfer to the first instance court for the reason of the lack of jurisdiction, and the first instance court decided to transfer the case to the Changwon District Court Mountainous District court for the reason of the lack of jurisdiction, but the court below revoked the first instance court's decision, and it is clear in the record that the re-appellant filed a reappeal against this.

However, the jurisdiction of the court of a lawsuit is determined ex officio as a matter of the court's ex officio investigation when the court recognizes that it does not fall under its jurisdiction, and it does not have the right to file a transfer application for lack of jurisdiction against the parties to the lawsuit. Therefore, even in cases where the parties have filed an application for transfer on the ground of the violation of jurisdiction, it is only the meaning of demanding the court's ex officio action (see, e.g., Supreme Court en banc Order 93Ma524, Dec. 6, 1993). Meanwhile, in cases where the court makes a decision of transfer on the ground of the party's ex officio action upon the party's request, an immediate appeal is allowed (Article 39 of the Civil Procedure Act), and as long as the party's request for transfer is not acknowledged, even if the original decision of transfer was revoked in

As the reappeal of this case is unlawful, it is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Ko Young-han (Presiding Justice)