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Important 2023 Civil Procedure Law Cases

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This paper examines key civil procedure and execution law rulings issued by the Supreme Court in 2023. We analyze seven significant civil procedure precedents, focusing on: 1. Exclusive international jurisdiction agreements, 2. Ratification of objections and compulsory mediation, 3. Lease contract requirements and enforcement, 4. Protection by provisional seizure: Non-existence and cessation of prescription, 5. Causal relationship and burden of proof in medical malpractice, 6. Reconciliation replacement and res judicata in claim objection lawsuits, 7. Preservation of public property and cancellation registration lawsuits. Each precedent is categorized, summarized by facts, rulings of lower courts and the Supreme Court, with analysis of relevant law and the author's perspective. While some rulings involve international private law, civil law, or commercial law aspects, these are addressed only if relevant to civil procedure. The paper also briefly reviews four major rulings on civil execution law: 1. Indirect coercion, incidental obligations, and claim objection, 2. Execution claim seizure after full order service and its effect, 3. Public notice procedure violation and auction effect, 4. Distribution objection and lawsuit succession. Additionally, a section on “Other Civil Procedure Act Precedents” highlights notable rulings due to space constraints. While not exhaustive, this analysis aims to be a valuable resource for future civil procedure research.
Institute of Legal Studies, Kyung Hee University
Title: Important 2023 Civil Procedure Law Cases
Description:
This paper examines key civil procedure and execution law rulings issued by the Supreme Court in 2023.
We analyze seven significant civil procedure precedents, focusing on: 1.
Exclusive international jurisdiction agreements, 2.
Ratification of objections and compulsory mediation, 3.
Lease contract requirements and enforcement, 4.
Protection by provisional seizure: Non-existence and cessation of prescription, 5.
Causal relationship and burden of proof in medical malpractice, 6.
Reconciliation replacement and res judicata in claim objection lawsuits, 7.
Preservation of public property and cancellation registration lawsuits.
Each precedent is categorized, summarized by facts, rulings of lower courts and the Supreme Court, with analysis of relevant law and the author's perspective.
While some rulings involve international private law, civil law, or commercial law aspects, these are addressed only if relevant to civil procedure.
The paper also briefly reviews four major rulings on civil execution law: 1.
Indirect coercion, incidental obligations, and claim objection, 2.
Execution claim seizure after full order service and its effect, 3.
Public notice procedure violation and auction effect, 4.
Distribution objection and lawsuit succession.
Additionally, a section on “Other Civil Procedure Act Precedents” highlights notable rulings due to space constraints.
While not exhaustive, this analysis aims to be a valuable resource for future civil procedure research.

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