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(영문) 대법원 2017. 10. 12. 선고 2017두50195 판결
(심리불속행) 원고가 이 사건 사업장의 실사업자가 아니라 하더라도 이는 중대명백한 하자로 볼 수 없어 압류처분은 적법함[국승]
Case Number of the immediately preceding lawsuit

Seoul High Court-2016-Nu-70842 (2017.05.10)

Title

(D) The attachment disposition is legitimate because it cannot be viewed as a serious and obvious defect even if the Plaintiff was not an actual business operator of the workplace of this case.

Summary

(Main) The Plaintiff asserts that the Defendant’s seizure disposition of real estate owned by the Plaintiff is invalid as a matter of course, but it is difficult to regard the assertion as an obvious defect in itself.

Cases

2017Du50195 Nullification of a disposition of seizure of real estate

Plaintiff-Appellant

AA

Defendant-Appellee

a) the Director of the Tax Office

Judgment of the lower court

Seoul High Court Decision 2016Nu70842 Decided May 11, 2017

Imposition of Judgment

October 12, 2017

Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

Examining the lower judgment and the grounds of appeal, the grounds of appeal by appellant are not included in the grounds of appeal under each subparagraph of Article 4(1) of the Act on Special Cases Concerning the Procedure for Appeal, or are deemed to fall under each subparagraph of paragraph (3). Therefore, the appeal is dismissed under Article 5 of the same Act. It is so decided as per

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