beta
Text
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
The reasoning for the court's explanation of this case is as follows: the "Association of Legal Capacity" in Part 9 of the judgment of the court of first instance shall be read as "Association of Legal Capacity" in Part 3 of the judgment of the court of first instance; the "Association of Legal Capacity" in Part 3, 20, and 6 shall be read as "Association of Legal Capacity"; and the "Association of Legal Capacity" shall be read as "Association of Legal Capacity" in the part of the judgment of the court of first instance, and the following judgment shall be added, and therefore, the reasoning for the plaintiff's argument
In addition, the plaintiff asserts to the effect that a foreign judgment meeting the requirements of Article 217 of the Civil Procedure Act is res judicata effect and its execution results accrue. Thus, in a lawsuit seeking a judgment of execution, the plaintiff's ability to seek a judgment of execution does not need to separately examine the plaintiff's party ability in addition to the examination of the requirements of Article 217 above. However, Article 26 of the Civil Execution Act provides that "a compulsory execution based on a judgment of a foreign court may be declared by a court of the Republic of Korea," as seen above, shall be enforced by a judgment of execution of the Korean court. As seen earlier, this is a final judgment of execution, which grants an executory power to a foreign judgment by a judgment of execution of the Korean court. As such, the lawsuit seeking a judgment of execution is subject to the provisions concerning the judgment procedure under the Civil Procedure Act, which is the same as that of ordinary litigation, the lawsuit seeking a judgment of execution shall be deliberated first, i.e., the competent court (the district court at the location where the debtor's general forum is located) and
Therefore, the plaintiff's lawsuit of this case is dismissed as it is unlawful, and the judgment of the court of first instance is just, and the plaintiff's appeal is dismissed as it is without merit. It is so ordered as per Disposition.