(심리불속행)주식의 소유자가 따로 있는 것으로 보아 행한 압류에 대하여 제3자는 압류처분의 취소를 구할 소의 이익이 없음[국승]
Daegu High Court 2015Nu4700 ( August 28, 2015)
(C) No third party shall have the interest in filing a claim for the revocation of a seizure disposition against the seizure by deeming that there is a separate owner of shares.
(C) A person who asserts that a seized claim belongs to himself/herself is not a legal interest in seeking the revocation of a seized disposition, since the seizure of a claim is only a relative effect between an execution creditor and a debtor. Therefore, there is no legal interest in seeking the revocation of a seized disposition.
Article 41 (Procedures for Attachment of Claims)
Supreme Court Decision 2015Du52197 Decided revocation of attachment
Chapter AA, thisA, and thisB
Head of the Tax Office
Daegu High Court Decision 2015Nu4700 decided May 28, 2015
oly 14, 2016
1. All appeals are dismissed.
2. The costs of appeal are assessed against the plaintiffs.
All of the grounds of appeal and the grounds of appeal stated in the instant records, the lower judgment, and the petition of appeal were examined. However, the grounds of appeal by the appellant are not included in the grounds prescribed in each subparagraph of Article 4(1) of the Act on Special Cases Concerning the Procedure of Appeal or are deemed groundless. Thus, all of the appeals are dismissed in accordance with Article 5 of the same Act. It is so