[특별환가(매각)명령][미간행]
The meaning of "when it is difficult to collect for any other reason" under Article 241 (1) 2 of the Civil Execution Act.
Article 241(1)2 of the Civil Execution Act
Creditor Co., Ltd. (Law Firm Western, Attorneys Lee Ho-bok et al., Counsel for the plaintiff-appellant)
Debtor Co., Ltd. (Law Firm Han-han, Attorney Kang Dong-dong, Counsel for defendant-appellant)
Seoul Southern District Court Order 2007Ra141 dated July 27, 2007
The reappeal is dismissed.
The grounds of reappeal are examined.
Article 241(1)2 of the Civil Execution Act provides that the court may issue an order of sale upon a motion of an obligee when a seized claim has conditions or time limit, or is related to the performance of an opposite obligation or it is difficult to collect for any other reason.
Here, “when it is difficult to collect for any other reason” refers to cases where there are circumstances that make it difficult for a creditor to collect claims seized through general enforcement procedures, including the insolvency, bankruptcy, unknown residence, foreign residence, and objection to domestic jurisdiction of a third-party debtor. Whether to issue an order for sale can be determined at its discretion by comprehensively taking into account the various circumstances revealed in the relevant case by the executing court.
According to the records, the court below held that the creditor received a seizure and collection order only for KRW 1.1 billion among the claims of this case where the right to collateral security of KRW 19.5 billion is attached, and that the amount of the claim of this case reaches KRW 13.1 billion, and that the total amount of the preserved claims is provisional seizure and seizure of claims where the total amount of the preserved claims exceeds KRW 120.1 billion, and it is practically difficult for the creditor to enforce compulsory execution by exercising his/her right to collect. In light of the above legal principles, the court below held that this constitutes "when it is difficult for the creditor to collect for any other reason", which is the requirement for special cash as provided in Article 241(1) of the Civil Execution Act. In light of the above legal principles, the court below's decision that maintained the decision of the court of execution that issued the sale order of this case on the basis of the above circumstances is just, and there is no violation
Therefore, the reappeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.
Justices Kim Nung-hwan (Presiding Justice)