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(영문) 대법원 1979. 6. 26. 선고 79다542, 543 판결
[물품인도등][공1979.10.1.(617),12095]
Main Issues

Whether the judgment authority of the family court has exclusive jurisdiction or authorization

Summary of Judgment

The judgment authority of the family court provided for in Article 2 of the Family Trial Act is not exclusive jurisdiction.

[Reference Provisions]

Article 2 of the Family Inquiry Act

Reference Cases

Supreme Court Decision 65Meu44 Decided December 21, 1965

Plaintiff (Counterclaim Defendant), Appellee

Plaintiff (Counterclaim Defendant)

Defendant (Counterclaim Plaintiff)-Appellant

Defendant (Counterclaim Plaintiff)

Defendant-Appellant

Defendant (Attorney Shin Jae-soo, Counsel for defendant-appellant)

original decision

Gwangju District Court Decision 78Na150,151 delivered on February 22, 199

Text

All appeals are dismissed.

Costs of lawsuit incurred by each final appeal shall be borne by each appellant.

Reasons

The defendants' attorney's grounds of appeal are examined.

The court below's decision that recognized the facts based on the evidence stated in the judgment below is justified, and it is difficult to employ one point as it is difficult to find out any illegal cause in the incomplete hearing or documentary evidence, and since the judgment authority of the family court provided for in Article 2 of the Family Trial Act is not exclusive jurisdiction, the court below's decision to the same purport as the parties did not assert the violation of jurisdiction of the court of the first instance is correct, and it is difficult to employ the two points as the grounds for appeal (second point) are

All arguments are without merit, and are so decided as per Disposition by the assent of all participating Justices.

Justices Lee Il-young (Presiding Justice)

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