기타(부당하게 압류한 예금채권취소)
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On February 6, 2015, the Defendant attached each of the deposit claims against the National Bank, the Corporate Bank, the Korean Bank, and the New Bank (hereinafter “instant disposition”) on the ground that B, the Plaintiff’s spouse, was in arrears of KRW 4,144,60,00 in total, health insurance premiums and arrears from October 201 to December 2014.
[Ground of recognition] Unsatisfy, Gap evidence 1-1, the purport of the whole pleadings
2. Determination on this safety defense
A. The defendant's assertion is not the other party to the disposition of this case, and the plaintiff is not eligible to seek revocation of the disposition of this case.
B. 1) The first sentence of Article 12 of the Administrative Litigation Act provides that "a revocation lawsuit may be instituted by a person who has a legal interest in seeking the revocation of a disposition, etc.," and even a third party who is not the other party to an administrative disposition has a legal interest in seeking the revocation of the administrative disposition, a standing to sue is recognized, in cases where there is a legal interest in seeking the revocation of the administrative disposition, and the legal interest here refers to cases where there is a direct and specific interest protected by the law, etc. based on the relevant disposition, and it does not include cases where there is an indirect or factual or economic interest. 2) According to the factual relations acknowledged above, the plaintiff is a third party who is not the other party to the disposition in this case
Therefore, the instant lawsuit is unlawful as it is filed by a person who has no standing to sue.
3. As such, the instant lawsuit is unlawful and thus dismissed. It is so decided as per Disposition.