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| TITLE | Daegu District Court Decision 2023Gahap206224 Decided June 13, 2024: Appeal 【Judgment of Execution】 [full Text] |
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| Summary | |
| 【Main Issues and Holdings】 This case concerns individuals A and B who were legally married and had a child. A filed for a divorce action against B in a French court, which entered a judgment declaring divorce due to B’s fault, designating A as the parental authority holder and custodian, and ordering B to pay monthly child support of EUR 250 to A. As neither party appealed, the judgement became final and conclusive. Subsequently, A sought compulsory execution of the said judgment in accordance with Article 27 of the Civil Execution Act, asserting that the judgment satisfies all the requirements set forth in Article 217 of the Civil Procedure Act for the recognition of foreign country judgments. However, the said French judgment fails to satisfy the requirements set forth in Article 217(1)2 of the Civil Procedure Act and Article 27(2)2 of the Civil Execution Act, and thus does not qualify as an enforceable title under the Civil Execution Act. Therefore, A’s action in this case is dismissed. | |
