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(영문) 광주지법 1988. 3. 25.자 88드190 가사심판부결정 : 확정
[이혼심판][하집1988(1),646]
Main Issues

Whether an application for transfer to avoid damage or delay is allowed in a divorce case (negative)

Summary of Decision

The jurisdiction of a court shall be based on the time a lawsuit is filed, and the jurisdiction of a divorce trial shall be exclusive of the jurisdiction of the district court in the area where the division has his general forum, and no lawsuit subject to exclusive jurisdiction shall be transferred to avoid damage or delay.

[Reference Provisions]

Article 32 of the Civil Procedure Act, Article 13 of the Personnel Litigation Act, Articles 9 and 9-2 of the Family Trial Act, Article 5 of the Family Trial Rules

Cheong-gu person

Claimant

appellees

appellees

Text

The motion for transfer of this case is dismissed.

Reasons

The purport of the application for divorce of this case was that the respondent's address at the time of the application for divorce of this case had been the jurisdiction of the party member at the time of the application for divorce of this case, but at the present time, the respondent transferred to Busan (detailed address omitted) and changed to Busan District Court for the party member's living, but the jurisdiction of the court is based on the time of filing of the lawsuit, and the jurisdiction of the court is exclusive jurisdiction of the district court in the location where the father's general forum is located, and the exclusive jurisdiction of the divorce of this case is exclusive jurisdiction of the district court in the area where the father's general forum is located, and in the case of the divorce of this case, the respondent's application for the transfer of this case is groundless, so it is decided as per the disposition

Administrative patent judges (Presiding administrative patent judges) shall return back to the Song Young-cheon Park;

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