승계집행문부여이의
The judgment of the court of first instance is reversed and the judgment is revoked.
The case shall be transferred to the collegiate division of the Incheon District Court.
The judgment on the grounds of appeal shall be made ex officio.
1. Article 44(1) of the Civil Execution Act provides, “A lawsuit of demurrer against a claim finalized by a judgment shall be filed with the court of first instance in order for a debtor to raise an objection against a claim established by a judgment,” and the main text of Article 45 provides that the said provision shall apply mutatis mutandis to a lawsuit of objection against
Here, the "court of the first instance court" refers to a court which has rendered a judgment on a claim indicated in the judgment, namely, a claim to be realized by compulsory execution based on the judgment, which is an executive title, which is subject to exclusive jurisdiction by nature as a direct jurisdiction.
Therefore, a lawsuit of demurrer against the grant of execution clause against a succession against a judgment rendered by the collegiate panel of the district court is subject to the exclusive jurisdiction of the collegiate panel of the district court which
(See Supreme Court Decision 2013Da80627 Decided April 7, 2017). (See Supreme Court Decision 2013Da80627, Apr. 7, 2017) Reviewing the reasoning of the first instance judgment partially admitted by the lower court and the records
B, C, D, E, F, G, and H (hereinafter “B, etc.”) filed a lawsuit against the Treatment Automobile Sales Co., Ltd. (hereinafter “Treatment Automobile Sales”) for wage claim, etc. under the Incheon District Court 201Gahap22084. The above court collegiate division rendered a judgment in favor of all of the parties B, etc. on January 20, 201, and the above judgment (hereinafter “instant final judgment”) became final and conclusive around that time.
B. On October 18, 2009, the Daewoo Motor Sales made a loan of KRW 600,000,000 to the Defendant on October 19, 2010 due date for payment.
B, based on the executory exemplification of the instant final judgment, B, etc.: (a) determined the debtor as the Incheon District Court 201TT 4965, Feb. 15, 201, as the total amount of KRW 224,576,594 on the ground of the executory exemplification of the instant final judgment; (b) the Defendant and the third debtor as the Defendant and the claim amount; (c) received a seizure and collection order for the above amount of KRW 224,576,594, out of KRW 600,000,000; and (d) the said original of the said decision was issued on February 18, 201.