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TITLE 【Syllabus of Latest Opinion】Supreme Court Decision 2017Meu12552 Decided February 4, 2021 【Divorce and Alimony, etc.】 [full Text]
Summary
[1] Meaning of and standard for determining “substantive relations” in Article 2(1) of the Act on Private International Law
[2] Matters to be considered when a court judges whether or not it has the international jurisdiction pursuant to Article 2(2) of the Act on Private International Law
Whether Article 2(2) of the Act on Private International Law is likewise applicable in family cases (affirmative) and the standard for determining “the existence of the substantive relations” in family cases
[3] In a case where factual basis, which becomes the main cause to sue for divorce, is formed in the Republic of Korea and whether property located in the Republic of Korea is subject to property division is sharply contended in cases related to division of property claimed with the divorce even if the nationality or domicile of the parties is not located in Korea in cases that contend matrimonial relationship such as judicial divorce, whether substantively relations between the Republic of Korea and the corresponding case can be recognized (affirmative) and, in such a case, whether the circumstance that the Defendant, to whom a duplicate of a complaint had been duly served, actively responded to the lawsuit can be positively considered when determining whether the court of Korea has the international jurisdiction (affirmative)
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Next 【Syllabus of Latest Opinion】Supreme Court Decision 2019Da260197 Decided January 28, 2021 【Damages (Etc.)】
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