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 (
Judges Kim Dong-chul (Presiding Judge)