In a case where the appellate court has lodged an appeal against the adjudication of a family court other than the matters to be tried by the family court under Article 2 of the Family Litigation Act, the case where the appellate court did not deliberate and decide in accordance with the appellate procedure

In a case where an appeal has been filed against the adjudication of a family court other than the matters to be tried by the family court under Article 2 of the family judgment, the appellate court shall judge in accordance with the appellate procedure of the general civil case, but the appellate court shall treat the case as an appeal case under Article 32 of the Family Trial Act and shall not disclose the proceedings.

Article 2 of the Family Trial Act, Article 32 of the Family Trial Act, Article 53 of the Court Organization Act

December 21, 1965Meu44 delivered on December 21, 1965

Claimant

appellees

Seoul High Court Decision 71Reu13 delivered on April 27, 1972

The original judgment is reversed, and the case is remanded to the Daegu High Court.

Judgment on the grounds of appeal by the respondent

This case is a case in which the appellant claims compensation for damages caused by infringement of right against the respondent on the ground that the respondent was in contact with the claimant's wife. Since Article 32-5 which has determined the judgment authority of the family court under the Court Organization Act and Article 2 (1) which has determined the scope of application of the Family Court Act among the Family Trial Act, there is no provision that the above case is subject to conciliation and trial of the family court, as shown in the record, and it is obvious that the Panel Division of the Daegu District Court within the jurisdiction of the family court accepted the request for adjudication (which combined with the claimant's claim for divorce) and again referred the case to conciliation before the conciliation committee, the Daegu District Court's appellate court's appellate court's appellate court's appellate court's appellate court's decision cannot be said to be an unlawful measure. However, since it cannot be said that it belongs to an exclusive jurisdiction, the appellate court's judgment of the above branch court's appellate court's appellate court's appellate court's appellate court's appellate court's appellate court's appellate court's decision's judgment's appellate judgment's decision's appellate judgment's appellate judgment's appellate judgment's appellate judgment's appellate judgment's appellate judgment's appellate judgment's appellate judgment's second judgment's appellate judgment's appellate judgment's appellate judgment's appellate judgment's appellate judgment's ground.

Therefore, the original judgment is reversed, and the case is remanded to the Daegu High Court. It is so decided as per Disposition by the assent of all participating Justices.

Supreme Court Judge Yang Byung-ho (Presiding Judge)