Main Issues
Whether or not the party has the right to request a transfer other than the cases prescribed in Article 32 of the Civil Procedure Act.
Summary of Decision
Since jurisdiction is a matter of ex officio investigation by the court, there is no right to apply for transfer to the parties except for the case prescribed in Article 32 of the Civil Procedure Act.
[Reference Provisions]
Articles 32 and 29 of the Civil Procedure Act
Reference Cases
On January 21, 1970, 69Ma1191 (Supreme Court Decision 3825 delivered on January 21, 197, Supreme Court Decision 18 ① Decision 782 delivered on January 21, 197, and Article 31(4) of the Civil Procedure Act
Appellants
Gyeongdong Raeop, Inc.
upper protection room:
Other than 1 et al.
Judgment of the lower court
Daegu District Court (75 Gohap1436) in the first instance
Text
An appeal shall be dismissed.
Reasons
The summary of the grounds for appeal of this case is that the other party filed a lawsuit against the appellant as 75 Gahap1436 against the Daegu District Court, but the above lawsuit does not fall under the jurisdiction of the above court, and the decision of the original court which dismissed the appellant's request for transfer is illegal, although it is not transferred to the Seoul District Court, which is the competent court, and thus, the decision of the original court which dismissed the appellant's request for transfer is unlawful.
Judges Kim Young-young (Presiding Judge) and Lee Tae-tae Kim