압류부동산의 취득자는 압류처분 행위에 대해 원고 적격이 없음[국승]
Ulsan District Court 2009Guhap847 (No. 23, 2009)
The acquisitor of seized real estate shall not be qualified as the plaintiff for the attachment disposition
Since those who acquired real estate after the attachment registration and completed the registration of ownership transfer after the attachment registration have a real and indirect interest in the attachment disposition, they do not have standing to sue to seek the revocation of the attachment disposition or confirmation of invalidity thereof.
The contents of the decision shall be the same as attached.
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
제1심 판결을 취소한다. 피고는 울산 @구 @@동 1247-9 대 205.9㎡에 관하여 울산지방법원 2003. 5. 22. 접수 제52771호로 마친 압류등기에 대하여 변제를 원인으로 한 말소등기절차를 이행하라.
The court's explanation of this case is the same as the part of the reasoning of the judgment of the court of first instance. Thus, it is citing this as it is in accordance with Article 8 (2) of the Administrative Litigation Act and Article 420 of the Civil Procedure
Therefore, the judgment of the court of first instance is legitimate, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.