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(영문) 서울중앙지방법원 2016.05.20 2016가합513154
집행판결
Text

1. Japan Family Court 2014 (No. 266) 2265, No. 22666 (Ga) between the plaintiffs and the defendant.

Reasons

1. The Plaintiffs filed an application for mediation against the Defendant seeking confirmation of non-existence of the parent-child relationship with the Supreme Court of Japan in 2014 (Ga) No. 2265 and 2266, May 14, 2014, to confirm that the existence of the parent-child relationship between the applicant E (Plaintiff A) and the other party (Defendant) does not exist. 2. On February 3, 2014, the said adjudication became final and conclusive on June 3, 2014, stating that “The parent-child relationship between the applicant F (Plaintiff B) and the Defendant does not exist.”

[Ground of recognition] Facts without dispute, Gap 1 and 14 evidence (including virtual number), the purport of the whole pleadings

2. Determination as to the cause of action

A. In order for a judgment of a foreign court to be approved and executed in Korea, the requirements stipulated in Article 217 of the Civil Procedure Act, i.e., the judgment of the foreign court which is final and conclusive, must be recognized as the international jurisdiction of the foreign court under the laws and regulations of the Republic of Korea or in principle of international jurisdiction under the Acts and subordinate statutes of the Republic of Korea (Article 217), ii) the losing defendant has complied with the lawsuit even if he/she has not been served or has not been served with the time limit necessary for defense in a lawful method (Article 2), iii) the recognition of the judgment does not violate good morals or other social order of the Republic of Korea (Article 217), 4

B. In light of the fact that the above judgment has become final and conclusive, the above judgment is recognized as satisfying all the requirements of each subparagraph of Article 217 of the Civil Procedure Act as follows. Thus, in Korea, compulsory execution based on the above judgment should be allowed.

1. Under the principle of international jurisdiction under Korean law or treaty, the jurisdiction of a Japanese court is recognized in regard to the case subject to the above judgment.

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