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TITLE Supreme Court Decision 2019Da247903 Decided April 27, 2023 ¡¼Removal of Building, etc.¡½ [full Text]
Summary
¡¼Main Issues and Holdings¡½ [1] Whether a court of the Republic of Korea may exercise jurisdiction over any judicial act committed by a foreign country within the territory of the Republic of Korea against the corresponding foreign country (affirmative in principle) [2] Whether a foreign country¡¯s act of occupying real property within the territory of the Republic of Korea can be seen to correspond to any judicial act falling under sovereign activities or closely related thereto (negative) In relation to a foreign country¡¯s act of occupying real property within the territory of the Republic of Korea for overseas diplomatic and consular missions thereof, where a lawsuit filed against the corresponding foreign country is deemed likely to interfere with the performance of official duties of diplomatic missions, whether the exercise of jurisdiction of a court of the Republic of Korea over such lawsuit may be limited (affirmative) and in such a case, standard of determining whether the above lawsuit may be deemed likely to interfere with the performance of official duties of diplomatic missions
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