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(영문) 서울중앙지방법원 2016.08.31 2015가단145335

집행판결

Text

1. In the case of Japan Family Court Decision 2015 (No. 27) dated 2015 (No. 127) (a) between the Plaintiff and the Defendant, it is the case of recognition claim.

Reasons

1. On April 15, 2015, the Plaintiff filed a suit against the Defendant for recognition with the ASEAN Family Court Decision 2015 (No. 27) No. 127, and was sentenced by the said Court to the effect that “1. The Plaintiff is aware that the Defendant is the Defendant,” and the said judgment was finalized on August 2015.

[Ground of recognition] Facts without dispute, Gap 1 through 5, the purport of the whole pleadings

2. We examine the judgment on the cause of the claim, and there was no fact that Korea denied Japan's jurisdiction under the law or treaty, and there was no evidence to find that Japan's judgment did not violate the good morals and other social order of Korea and no other court did not summon the defendant to the defendant of the above case. Furthermore, the conditions for Japan's judgment to be executed are the same as Korea. Thus, the validity of foreign judgment has mutual guarantee between Japan and Korea.

Therefore, the judgment on the above recognition claim in Japan is valid in Korea as it satisfies all the requirements of Article 217 of the Civil Procedure Act.

3. In conclusion, the plaintiff's claim of this case is justified and it is so decided as per Disposition.