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(영문) 부산지방법원 2019.05.15 2018나58059
제3자이의
Text

1. Revocation of the first instance judgment.

2. The instant case shall be transferred to Busan District Court Seo-gu.

purport, purport, and.

Reasons

Before determining the merits, this paper examines it ex officio.

This case is a lawsuit of objection by a third party and its jurisdiction has been set by the court of execution in accordance with Articles 3 and 21 of the Civil Execution Act.

According to the records, since the building of this case is located on the land outside Busan Western F and two parcels, the execution court having jurisdiction over the substitute execution of this case belongs to the exclusive jurisdiction of the Busan Busan District Court, which has jurisdiction over the location of the object of compulsory execution pursuant to Article 21 of the Civil Execution Act.

In filing the instant lawsuit, the Plaintiff filed a complaint with the Busan District Court, which is not the competent court, and the first instance court rendered a judgment on the merits with an excessive filing of the suit.

Therefore, the judgment of the court of first instance is unfair because it violates the exclusive jurisdiction, and thus it is so revoked, and it is so decided as per Disposition by the assent of all participating Justices on the Busan District Court under Article 419 of the Civil Procedure Act.

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