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(영문) 서울중앙지방법원 2019.02.14 2017가합33532
집행판결청구
Text

1. Special Support Procedures No. 67 of the District Court in the Republic of the Philippines between the Plaintiff and the Defendant, No. 8723.

Reasons

Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1 through 4 (including additional numbers), the plaintiff and the defendant married on or around February 3, 2012 in accordance with the provisions of the Republic of the Philippines Act, and the plaintiff filed a lawsuit for nullity of marriage against the defendant under Article 8723 of the Special Support Procedure for the District Court in the Republic of the Philippines (No. 67 of the Republic of the Philippines), and the above court rendered a judgment that the marriage of the plaintiff and the defendant is null and void on July 7, 2017, respectively.

In accordance with the principle of international jurisdiction under Korean law or treaties, international jurisdiction of the courts of the Republic of the Republic of the Philippines has been acknowledged in the case subject to the above judgment, and the recognition of the validity of the above judgment does not violate the good morals and other social order of the Republic of Korea, and there is no evidence to support that the defendant was not summoned in the above

Furthermore, the conditions for the enforcement of Korean judgments in the Republic of the Philippines are considered to be Korea and thus mutual guarantee of the validity of the judgments of the other country is recognized between the Republic of the Philippines and Korea.

Therefore, the above judgment is deemed to have satisfied the requirements of Article 217 of the Civil Procedure Act, so it is recognized in Korea as well, and compulsory execution based on it should be allowed.

The plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

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