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(영문) 수원지방법원 2015.12.03 2015나15068
소유권이전등기
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The Plaintiff and the Defendant, both of whom are U.S. nationals, completed the marriage report in the U.S. on September 7, 1988, and the Plaintiff thereafter resides in California, and the Defendant, around December 2009, resided in the U.S. and returned to Korea on June 15, 2012.

B. On February 4, 2010, the Plaintiff filed an application for divorce and division of property with the case number BD519237 at the California higher court of the United States of California - the Central District (hereinafter “U.S. court”).

C. On December 20, 2010, the U.S. court ruled that the Plaintiff and the Defendant are divorced.

On September 29, 2011, the U.S. court rendered a property division judgment on the property division of the original Defendant’s common assets, individual assets, debts, etc., and the contents of paragraph (6) in the above judgment are as shown in the attached Form (hereinafter “instant U.S. judgment”), and “real estate located in the city of Macheon-si in Korea” in the above judgment refers to “12/192 of the Defendant’s shares out of 26,325 square meters of land in Dacheon-si D Forest.”

[Ground of recognition] Facts without dispute, Gap evidence 2, 3, Eul evidence 4 and 8, the purport of the whole pleadings

2. Determination as to whether the U.S. judgment satisfies the requirements of Article 217 of the Civil Procedure Act

(a) Articles 217 and 217 of the Civil Procedure Act (approval of foreign judgments) (1) The final judgment of a foreign court or a judgment with the same effect recognized by a foreign court (hereinafter referred to as the “final judgment, etc.”) shall be approved by satisfying all the following requirements:

1. The international jurisdiction of the foreign court shall be recognized in accordance with the statutes of the Republic of Korea or the principle of international jurisdiction;

2. That a losing defendant was served, by a lawful method, a written complaint or a document corresponding thereto, and a notification of date or an order, with a time leisure necessary for defense (excluding the case of service by public notice or similar service), or that he responded to the lawsuit even without being served;

3. The final and conclusive judgement;

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