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(영문) 대법원 1967. 3. 29.자 67그3 결정

[유체동산가압류집행취소명령에대한특별항고][집15(1)민,268]

Main Issues

Exclusive Jurisdiction over Revocation of Execution of Provisional Attachment for Ccorporeal Movables

Summary of Judgment

The provisional seizure of the corporeal movables in this case can be confirmed to have been executed within the jurisdiction of the support by the month belonging to the original branch of the Chuncheon District Court. Therefore, the third party's objection to the execution of the provisional seizure of the corporeal movables in this case or the revocation or suspension of its execution shall belong to the exclusive jurisdiction of the above original branch support, which is the execution court, but the Seoul Civil District Court, which is not the execution court, issued an order to revoke the execution of the provisional seizure of the corporeal movables in this case, shall be deemed to have neglected the above exclusive jurisdiction.

[Reference Provisions]

Article 524 of the Civil Procedure Act

Special Appellants

Special Appellants

upper protection room:

Other Party

United States of America

Seoul Central District Court Order 67Ka489 dated January 16, 1967

Text

The original decision is reversed, and

The case shall be remanded to the Seoul Civil District Court.

Reasons

With respect to the special grounds for appeal by a special appellant,

According to the records of the case, the provisional seizure of the corporeal movables in this case can be recognized to have been executed within the branch of the Chuncheon District Court's main branch court's branch court's branch court's branch court's branch court's branch court's branch court's branch court's branch court's main branch court's branch court's main branch court's branch court's main branch court's branch court's main branch court's branch court's main branch court's branch court's main branch court's main branch court's main branch court's main branch court's main branch court's main branch court's main branch court's main court's main court's court's order cancellation and suspension of execution of the provisional seizure of corporeal movables in this case's main court's main court's main court's main court'

Therefore, according to Articles 421, 400, and 406 of the Civil Procedure Act, it is so decided as per Disposition by the assent of all participating judges.

The judges of the Supreme Court, the two judges (Presiding Judge) of the two judges of the Supreme Court and the vice versa.