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| TITLE | 【Syllabus of Latest Opinion】 Supreme Court Decision 2023Da295978 Decided April 30, 2026 【Judgment of Execution】 [full Text] |
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| Summary | |
| 【Main Issues and Holdings】 [1] Purpose of requiring a judgment of execution under Article 26(1) of the Civil Execution Act and the meaning of “a final and conclusive judgment of a foreign court” Whether it is possible to request a judgment of execution beyond compulsory enforcement of the rights affirmed in a final and conclusive judgment of a foreign court, etc. (negative) [2] Whether the fulfillment of requirements for recognition of a foreign judgment is necessary to render a judgment of execution of a final and conclusive judgment of a foreign court, etc. (affirmative) Method of determining whether the outcome of recognizing a final and conclusive judgment of a foreign court, etc. under Article 217(1)3 of the Civil Procedure Act undermines sound morals or other social order of the Republic of Korea Whether not only the disposition of the subject final judgment but also its reasoning and possible outcome of recognition must be comprehensively examined in the foregoing determination (affirmative) [3] In a case where: (a) Party A, a Korean national with U.S. permanent resident status, died intestate while residing in the U.S.; (b) an adjudication on the appointment of Party B as Party A’s estate administrator was conducted at a Korean court and became final; (c) Party C appointed himself as Party A’s estate administrator at a U.S. court, obtained an order for probate that granted the legal authority to handle the estate of Party A, and filed a lawsuit against Party B for the enforcement of a judgment of execution at a Korean court, which approves compulsory execution of Party C’s sale of Party A’s real property that is located in the Republic of Korea, which Party B received through inheritance, based on the foregoing order for probate, the case upholding the lower judgment, which found Party C’s lawsuit unlawful | |
