Whether a party to a lawsuit can file an application for transfer due to lack of jurisdiction

Because the issue of whether or not a Justice has jurisdiction is an ex officio matter of the court, a party to a lawsuit may not apply for a transfer for the reason that he does not have jurisdiction.

Article 31(1) of the Civil Procedure Act

Supreme Court Order 80Ma242 dated June 23, 1980 80Ma242 dated April 30, 1985 84Da24 dated June 17, 1986 86Ma344 Decided April 30, 198

[Defendant-Appellant] Jin-Jin et al., Counsel for defendant-appellant

Seoul High Court Order 87Ra82 dated September 11, 1987

The reappeal is dismissed.

We examine the grounds for reappeal.

The issue of whether a judge has jurisdiction is a matter of ex officio examination by the court, so that a party to a lawsuit cannot apply for a transfer for the reason that he does not have jurisdiction (see Supreme Court Order 84Da24, Apr. 30, 1985; Supreme Court Order 86Ma344, Jun. 17, 1986).

The grounds of reappeal are with regard to the decision to dismiss an appeal on the same ground by the court below, and the first instance court of this case asserts that there is no jurisdiction, but they do not fall under any of the grounds provided in Articles 13 and 11 (1) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings and they do not constitute legitimate grounds of reappeal.

Therefore, the reappeal is dismissed. It is so decided as per Disposition by the assent of all participating judges.

Justices Lee Lee-hee (Presiding Justice)