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(영문) 창원지방법원 2019. 04. 23. 선고 2019가단1575 판결

압류해제대상 여부[국승]

Title

Whether it is subject to cancellation of attachment

Summary

The lawsuit of this case brought against the director of the tax office who is not capable of being a party to the civil lawsuit because he has no capacity to become a party to the lawsuit.

Related statutes

Article 24 of the National Tax Collection Act

Cases

2019dan1575 apartment attachment cancellation

Plaintiff

Ma-○

Defendant

○ Head of tax office

Conclusion of Pleadings

Pleadings without Oral Proceedings

Imposition of Judgment

o April 23, 2019

Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Cheong-gu Office

In order to collect the rent for the State-owned land of Korea Asset Management Corporation, the Defendant released the attachment conducted on the apartment of ○○ City.

Reasons

ex officio, we examine the legality of the instant lawsuit.

In civil procedure, the director of the tax office shall not have the ability to become a party.

The instant lawsuit is unlawful as it is filed against a person incapable of being a party.

Therefore, it is decided as per Disposition by the Civil Litigationber Article 219 to dismiss the lawsuit of this case.