Main Issues
The case holding that where a request for revision of a conciliation protocol is filed in a court without jurisdiction shall be transferred to the competent court.
[Reference Provisions]
Articles 34 and 211 of the Civil Procedure Act
Reference Cases
[Plaintiff-Appellant] 2002G26 dated April 22, 2002 (Gong2002Ha, 1757)
Special Appellants
Special Appellants
The order of the court below
Seoul Southern District Court Order 2007Kaga592 dated April 11, 2007
Text
The order of the court below is reversed and the case is transferred to Seoul High Court.
Reasons
Judgment ex officio is made.
According to the records, the special appellant is clear to have filed an application for revision of the instant protocol with the purport that the address of the special appellant in the protocol of conciliation prepared by the Seoul High Court as of November 11, 2004 at the appellate court (Seoul High Court 2004Na8489) of the entire amount lawsuit (Seoul High Court 2004Na8489) filed against the White Construction Co., Ltd. against the White Construction Co., Ltd., and the special appellant changed the address of the special appellant in the protocol of conciliation prepared by the Seoul High Court as of November 11, 2004. Thus, the competent court for correction of the protocol of conciliation in this case shall be the Seoul High Court as the legal ground for the appellate court, and the lower court shall have transferred the instant case to the Seoul High Court, which is the competent court, instead of reviewing
Nevertheless, the Seoul Southern District Court, which is the court below, dismissed the application of this case by a special appellant, is erroneous in the misapprehension of legal principles as to the jurisdiction of the application for correction of protocol, thereby affecting the judgment.
Therefore, the order of the court below is reversed and the case is transferred to the Seoul High Court, which is the competent court, and it is so decided as per Disposition by the assent of all participating Justices
Justices Kim Ji-hyung (Presiding Justice)