1. Revocation of the first instance judgment.

2. The case shall be transferred to the Daegu District Court Panel Division.

purport, purport, and.

1. The reasoning for this part of the court’s reasoning is the same as the reasoning of the judgment of the first instance. As such, this part of the court’s reasoning is cited pursuant to the main text of Article 4

2. Determination

A. As the Plaintiff fully performed the obligation under Paragraph 1 of the judgment of this case, such as allowing the Defendant to inspect and copy the accounting books, etc. requested by the Defendant, the Plaintiff asserted that no claim under Paragraph 2 of the judgment of this case has occurred, and accordingly, the compulsory execution of this case based thereon should be denied, and filed the instant lawsuit.

B. In light of the above, Article 44(1) of the Civil Execution Act provides, “A lawsuit of objection against a claim established by a judgment shall be filed with the court of first instance in order for an obligor to raise an objection against a claim established by a judgment.” Here, “the court of first instance in the judgment” refers to the court which rendered a judgment on the claim indicated in the judgment, i.e., the executive title, or the claim realized by compulsory execution based on the judgment, which is subject to exclusive jurisdiction due to its nature

Therefore, a lawsuit of demurrer against a decision of indirect compulsory performance rendered by the collegiate panel of a district court is subject to the exclusive jurisdiction of the collegiate panel of the district court that rendered the decision.

(See Supreme Court Decision 2013Da80627 Decided April 7, 2017).