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(영문) 서울행정법원 2016.07.21 2016구합513
압류처분무효확인
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Case summary

A. The Plaintiff owns two-storyed housing units with B 215.3 square meters in Chuncheon-si, and two-story of 196.93 square meters in 2nd, 2nd, 67.59 square meters in 2nd, and 11.7 square meters in 11.7 square meters in 12nd, respectively (hereinafter “instant real estate”).

B. On July 14, 2014, the head of the Defendant’s U.S. Armed Forces Relocation Bureau issued a seizure disposition (hereinafter “instant seizure disposition”) on the instant real estate on the ground that the Plaintiff failed to pay indemnity, and accordingly, the registration of seizure was completed on the 15th of the same month.

C. On January 18, 2016, the Plaintiff filed the instant lawsuit against the Defendant seeking confirmation of invalidity of the instant attachment disposition.

While the instant lawsuit was pending, on March 7, 2016, the head of the U.S. Armed Forces Base Relocation Project Bureau removed the instant seizure disposition on the grounds that the Plaintiff paid compensation in full, and accordingly the said registration was revoked on the same day.

[Reasons for Recognition] Facts without dispute, obvious facts in record, Gap evidence 2, Eul evidence 1 and 2 (including each number), the purport of the whole pleadings

2. Judgment on the Defendant’s main defense

A. Since the attachment disposition of this case was already cancelled and the registration of attachment was cancelled accordingly, the Defendant’s lawsuit of this case is unlawful as there is no longer benefit of the lawsuit.

B. A lawsuit for confirmation is, in principle, permitted to eliminate risks or apprehensions in relation to the current rights or legal status. As to past legal relations, there is no benefit to seek confirmation, unless it is deemed as a valid and appropriate means to obtain a judgment on confirmation of the said legal relations in order to affect the current rights or legal status and to eliminate risks or apprehensions in the present rights or legal status.

(See Supreme Court Decision 2010Da36407 Decided October 14, 2010). C.

However, according to the above, the lawsuit of this case has already been filed.

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