In a case where a creditor applied for a seizure order of the shares owned by the debtor and the execution court issued a special cash order to transfer the shares to the creditor instead of paying a certain amount of money, and the debtor filed an immediate appeal against this order, and the court of appeal attached the shares shall be deemed to be corporeal movables and the transfer order of the shares to the Supreme Court for the reason that the transfer order of the shares may be contested only by special appeal, the case holding that the court below erred in the misapprehension of legal principles, etc. in holding that although stock certificates (share certificates) may be deemed to be corporeal movables under the Civil Execution Act, since the shares representing stock certificates do not correspond to those representing corporeal movables under the Civil Execution Act, the special cash order for the shares may file an immediate appeal pursuant to Article 241(3) of the Civil Execution Act, even though the shares representing the shares are not deemed to constitute corporeal movables,

Articles 23(1), 189(2)3, 214(1), 241(1) and (3), and 251 of the Civil Execution Act; Article 449 of the Civil Procedure Act

Ap Co., Ltd. (Attorney Jeong full-time, Counsel for defendant-appellant)

United Nations Tech Co., Ltd.

Ulsan District Court Order 2010 other 1293 dated March 19, 2010

The case shall be transferred to the collegiate panel of the Ulsan District Court.

Judgment ex officio is made.

According to the records, on December 4, 2008, Ulsan District Court 2008Da3554 delivered with an executory exemplification of the judgment on the purchase price of goods against the debtor, the creditor shall not sell, transfer or take any other measure against the third debtor's shareholders (hereinafter "the shares of this case"), and the third debtor shall not transfer the shares of this case upon the debtor's request or deliver the share certificates to the debtor. The third debtor shall be subject to an order of seizure under Article 214 of the Civil Execution Act to the effect that the creditor's request for the special delivery order under Article 214 of the Civil Execution Act shall be deemed defective on March 19, 2010, the above order of seizure under Article 574 (1) of the former Civil Procedure Act (amended by Act No. 6626 of Jan. 26, 2002) shall also be deemed to have been transferred to the creditor of this case by the appellate court pursuant to the above order of seizure under Article 474 (1) of the Civil Execution Act (hereinafter "the above order of this case shall be deemed to be transferred to the creditor of this case.

However, deeming corporeal movables as securities under Article 189(2)3 of the Civil Execution Act is likely to constitute securities and for which endorsement is not prohibited, but shares representing the same does not correspond thereto. According to the above recognized facts, it is clear that the subject matter of an order of special cash files filed by creditors is not the shares representing the instant shares, but the subject matter of an order of special cash files is the shares itself. Since Article 241 of the Civil Execution Act applied mutatis mutandis under Article 251 of the Civil Execution Act, the order of special cash files for this case’s shares shall be deemed to have been made pursuant to Article 241(1) of the Civil Execution Act (see, e.g., Article 214 of the Civil Execution Act, which applies to corporeal movables, or Article 241(1)3 of the Civil Execution Act, which is contrary to the previous provisions of Article 241 of the Civil Execution Act (amended by Act No. 626, Jan. 26, 200). 19, the court below erred by misapprehending the Supreme Court’s legal principles as to transfer of this case’s immediate.

Therefore, it is so decided as per Disposition by the assent of all participating Justices on the bench that the case shall be transferred to the Ulsan District Court Panel Division which is the appellate court.

Justices Min Il-young (Presiding Justice)