Whether there exists an immediate appeal on the possibility of extinction or extinguishment of an execution claim against a seizure and assignment order of claims;

In making a decision on the attachment and assignment order of a claim by the execution court, it is sufficient to examine and determine the requirements for the commencement of compulsory execution such as service, etc. of a title of debt, the existence of a seizure order preceding such order, whether all the claims are qualified, etc., and whether the debtor has a claim subject to the attachment and assignment order against a third party debtor in fact, it is not necessary to judge whether the debtor has a claim subject to the attachment and assignment order, and therefore, the reason why the execution claim

Articles 561 and 563 of the Civil Procedure Act

[Plaintiff-Appellant] 192Ma213 decided Apr. 15, 1992 (Gong1992,1816)

100.00.

Seoul Central District Court Order 94Ra834,835 Dated July 22, 1994

The reappeal is dismissed.

The grounds of reappeal are examined.

In determining the attachment and assignment order of a claim by the execution court, it is necessary to examine and determine the requirements of the attachment and assignment order prior to the commencement of compulsory execution such as the service of a title of debt, the existence of a seizure order prior to the commencement of compulsory execution, all of the claims, and whether the obligor has a claim subject to the attachment and assignment order, and in fact, it is not necessary to judge whether the obligor has a claim against the third obligor subject to the attachment and assignment order. Therefore, the reason why there is the possibility of extinction

The court below's decision to the same purport is just and there is no violation of law as the theory of lawsuit.

Therefore, the reappeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Cho Chang-tae (Presiding Justice)