(심리불속행) 채무자의 적극재산을 산정함에 있어서는 특별한 사정이 없는 한 채권의 공동담보로서의 역할을 할 수 없는 재산은 제외되어야 함[국승]
Seoul High Court-2015-Na10785 (25 March 2016)
(C) In calculating the debtor's active property, any property which can not serve as a joint security for the claim, unless there are special circumstances, shall be excluded;
(C) If the debtor's active property is calculated, the debtor's positive property should be calculated by means of compulsory execution, unless there are other special circumstances, and thus, the debtor's positive property cannot be the object of compulsory execution. Thus, the debtor's positive property should be calculated by means of compulsory execution.
§ 406. Revocation of Civil Code
The appeal is dismissed.
The costs of appeal are assessed against the defendant.
Examining the judgment below and the grounds of appeal, since it is apparent that the appellant’s ground of appeal falls under Article 4 of the Act on Special Cases Concerning the Procedure for Appeal, the appeal is dismissed under Article 5 of the above Act. It is so decided as per Disposition by the assent of all participating Justices.