The concept of "dics court" under Article 58 (1) of the Civil Procedure Act

In the case where a lawsuit on the merits has already been filed or in the appeal is pending in the appellate court, "the competent court" referred to in paragraph 1 of this Article means only the adjudication court which directly examines the case on the merits which has already been pending before the appellate court, and it should be interpreted that it is not necessary to interpret it as consultation.

Article 58(1) of the Civil Procedure Act

Special Appellants

Seoul High Court Order 68Ra38 dated December 13, 1968

This special appeal is dismissed.

However, according to the reasoning of the special appeal, anyone cannot object to the decision that accepted the application for the appointment of a special representative (if the application for the appointment is rejected or dismissed, it may be subject to objection), and even if the new appointment office of a church exists, it merely calls for the court to make an ex officio decision on the application for replacement, and even if the family court has made a decision that the application for replacement is dismissed or dismissed, it shall not be allowed to object to the new appointment of a new representative (if there are special grounds, it shall be possible to do so) even if the court has decided that the new representative would be dismissed or dismissed by using the request for replacement of the new representative, it shall not be allowed to object to the original court's decision that the new appointment of the new representative would be different from the original court's "ex officio decision on the new appointment of the new representative" as stated in Article 58 (1) of the Civil Procedure Act, and the original court's decision that the new representative would not be an ex officio decision on the new representative's new appointment of the new representative, it shall not be interpreted as the original court's decision that "the new appointment of the new representative" of the new case.

Therefore, the reason for this special appeal is that no one or no one can be employed, and it is so decided as per Disposition with the assent of all participating judges.

Supreme Court Judge Lee Young-subop (Presiding Judge)