Rejection of the application for transfer due to lack of jurisdiction, and the granting of the appeal

Even though a judgment of refusing a transfer application on the ground of violation of jurisdiction was rendered in civil procedure, an appeal against it is not allowed.

Article 31 of the Civil Procedure Act

Supreme Court Decision 69Ma1191 Delivered on January 21, 1970

[Judgment of the court below]

Other Party

Seoul High Court Decision 78Ra34 delivered on June 14, 1978

The reappeal is dismissed.

The court below's decision that there is no jurisdiction over the court of the lawsuit in civil procedure does not have jurisdiction over the original court's ex officio examination. Thus, unlike the case of transfer under Article 32 of the Civil Procedure Act, it is not necessary to hold a trial even if there is a request for transfer due to lack of jurisdiction, and even if the court rendered a judgment rejecting the request for transfer, it shall not be allowed to file an appeal (see, e.g., Supreme Court Order 69Ma191, Jan. 21, 1970). Thus, the court below's decision that made this purport is just and justified, and it is so decided as per Disposition by the assent of all participating judges.

Justices Jeong Tae-won (Presiding Justice)