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(영문) 대법원 2011. 03. 10. 선고 2010두26490 판결

(심리불속행) 압류채권의 내역이나 금액이 다소 차이가 있더라도 압류의 효력은 유효함[국승]

Case Number of the immediately preceding lawsuit

Seoul High Court 2010Nu14482 ( October 19, 2010)

Title

(A) The effect of seizure shall be valid even if the details or amount of the seized claim is somewhat different.

Summary

(Main) Even if there are somewhat differences from the details presented as preserved claims at the time of notification of the attachment of property, the effect of attachment cannot be denied unless there are most of the preserved claims subject to attachment or different essential contents, in light of the fact that the specific details or amount of the seized claims is not registered.

Cases

2010Du26490 Registration of cancellation of real estate seizure

Plaintiff-Appellant

United StatesA

Plaintiff Intervenor, Appellant

eB

Defendant-Appellee

○ Head of tax office

Judgment of the lower court

Seoul High Court Decision 2010Nu14482 Decided October 19, 2010

Text

All appeals are dismissed.

The costs of appeal are assessed against the plaintiff and the supplementary intervenor.

Reasons

All of the records of this case and the judgment of the court below and the grounds of appeal were examined, but their arguments on the grounds of appeal by each appellant are clear that they fall under Article 4 of the Act on Special Cases Concerning the Procedure of Appeal and therefore, all of the appeals are dismissed under Article 5 of the same Act. It is so decided as per Disposition by

Reference materials.

If the grounds of final appeal are not included in the grounds of final appeal that make it appropriate for the court of final appeal to become a legal trial, such as matters concerning significant violation of Acts and subordinate statutes, etc., the system of trial without continuing the deliberation on the merits of the grounds of final appeal, and refers to the system of dismissal of final appeal by judgment without continuing the deliberation on the merits of the grounds of final appeal (see this case, e.g.,