[추심금][집36(3)민,136;공1989.1.15.(840),107]
Effect of a seizure and collection order against a monetary claim;
Even if there was a seizure and collection order against a monetary claim, it is merely an act of realizing the realization of the realization disposition in the procedure of compulsory execution, since it granted the creditor the right to collect the creditor's claim against the third debtor in the procedure of compulsory execution, and the claim against the third debtor is not transferred or reverted to the execution creditor. Thus, such collection right is of the nature that it cannot be seized because it does not itself be realized by an independent disposal, and thus, the seizure and collection order should be deemed null and void.
Article 563 of the Civil Procedure Act
Neglected Industrial Company
School Foundation
Seoul Central District Court Decision 87Na1835 delivered on December 2, 1987
The appeal is dismissed.
The costs of appeal are assessed against the plaintiff.
We examine the grounds of appeal.
Even if there was a seizure and collection order against a monetary claim, it is nothing more than the realization of the realization disposition in the compulsory execution procedure, because it granted the execution creditor the right to collect the claim against the third debtor in the compulsory execution procedure, and it does not transfer or belong to the execution creditor the claim against the third debtor.
Therefore, such a collection right is not an independent disposal and realization, and thus, it shall be deemed null and void even if there exists a seizure and collection order as recognized by the court below. Therefore, the judgment below is just and discussed.
Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.
Justices Ansan-man (Presiding Justice)