(a) Requirements for taking effect the seizure under the National Tax Collection Act on the equity shares of the members of the construction mutual aid association;

B. Whether Article 9 of the Auction Act applies to a compulsory auction

(a) The equity shares of the members of the Construction Mutual Aid Association are deposited on the investment certificates which are securities, and the seizure under the National Tax Collection Act takes effect upon the possession of the investment certificates by the tax officials pursuant to Article 38 of the same Act;

(b) Article 9 of the Auction Act shall not apply to compulsory auction.

(a) Articles 5 and 9 of the Construction Mutual Aid Association Act, Article 38 of the National Tax Collection Act; Article 9 of the Auction Act;

Korea

Defendant 1 and four others

Seoul High Court Decision 86Na857 delivered on June 4, 1986

The appeal is dismissed.

The costs of appeal are assessed against the plaintiff.

In light of various relevant provisions, including Articles 5 and 9 of the Construction Mutual Aid Association Act, since the former part of the investment share of the Construction Mutual Aid Association subject to the seizure of this case is attached to the investment certificate, which is a securities, the seizure under the National Tax Collection Act takes effect by a tax official in possession of the investment certificate pursuant to Article 38 of the same Act.

The court below is justified in holding that in order to collect vocational training contributions and additional dues for the year 1979 and 1980 under Article 34(3) of the Vocational Training Act, which are to be shared and paid by the non-party Auction Industry Co., Ltd., the seizure of the investment share to the non-party company's construction mutual aid association established on November 17, 1980, on the ground that there is no evidence to prove that there was a tax official's possession of the investment share in the non-party company's construction mutual aid association established on November 17, 1980. The plaintiff's claim against the non-party Auction under Article 9(3) and (4) of the Construction Mutual Aid Association Act (Act No. 3709 of Dec. 31, 1983) was null and void. However, the court below's rejection of the plaintiff's claim against the plaintiff in the auction procedure based on the premise that the plaintiff's claim against the non-party auction company was not effective in the auction procedure.

The appeal is dismissed, and all costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Choi Jae-ho (Presiding Justice)