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(영문) 대법원 1967. 12. 29. 선고 67다2289 판결

[부동산가압류이의][집15(3)민,466]

Main Issues

Cases where there is an error of incomplete deliberation in determining whether provisional seizure for the preservation of claims is necessary;

Summary of Judgment

In order to secure a claim, if a building on the land and a building on the land have been established as a collateral, it is necessary to determine the necessity of provisional seizure for the execution and preservation of a claim, to determine the realization value of the above real estate and to determine whether it is possible to obtain satisfaction of the claim at the price.

[Reference Provisions]

Article 187 of the Civil Procedure Act

Applicant-Appellee

Kim Sung-ok

Respondent, appellant

Use of Goods

Judgment of the lower court

Suwon support for the court of first instance, Seoul Civil Aviation District Court Decision 66Na504 delivered on September 20, 1967

Text

We reverse the original judgment.

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

Reasons

The grounds of appeal by the respondent are examined.

According to the original judgment, the court below acknowledged that the applicant's above provisional seizure of 181,50 won and the above provisional seizure of 50 won and the above provisional seizure of 3rd house owned by the respondent was provisional seizure of 69 square meters and 10 square meters and 20 square meters of 20 square meters of junbs and 20 square meters of junbs and 3rd house owned by the Respondent, and that provisional seizure of 66Kabs and 202 of Seoul District Court's Suwon District Court's 66Kabs and 3rd house owned by the above Respondent's 5th house and the above provisional seizure of 3rd house and 5th house owned by the above Respondent's Respondent's 5th house and the above provisional seizure of 3rd house and the above 5th house and the above 5th house and the above 3th house and the above 5th house and building's 1,000 square meters of the above Respondent's 5th house were established.

In accordance with the unanimous opinion of all participating judges, it is decided in accordance with Articles 400 and 406 of the Civil Procedure Act.

Justices of the Supreme Court Na-Ba (Presiding Judge) and Do-dong Kimchi-baking Board