Main Issues

Whether the matters concerning the compulsory execution of automobiles belong to the exclusive jurisdiction of the court of execution.

Summary of Judgment

Although there is no express provision in the Civil Procedure Act concerning the compulsory execution of an automobile such as an application for automobile reduction order, the provisions concerning the real estate and the ship shall apply mutatis mutandis in its nature, it falls under the exclusive jurisdiction of the executing court

[Reference Provisions]

Articles 600 and 679 of the Civil Procedure Act

appellant, applicant, or appellant

Limited Partnership Company and Interest Transport Company

Other party, respondent

limited partnership companies, limited partnerships, transportation companies

Judgment of the lower court

Jeonju District Court of First Instance (Supreme Court Order 71Ka208)

Text

The order of the court below shall be cancelled and the case shall be transferred to the Jeonju District Court, the execution court, for military service.

Reasons

According to the records, the applicant is clear that he applied for the acceptance order of the automobile of this case for the purpose of invalidation after the decision of compulsory commencement of the auction, and there is no express provision in the Civil Procedure Act concerning the compulsory execution of the automobile of this case, but the provision concerning the real estate and the ship shall apply mutatis mutandis to the compulsory execution of the automobile of this case. Thus, even though the execution court has exclusive jurisdiction over the execution case, the application for the said order for the acceptance order of the automobile of this case was defective in violation of the exclusive jurisdiction of the court of execution, and therefore, it is so decided as per Disposition under Articles 413 (