Part of dissatisfaction to the order after the service of an assignment order;

If a seizure and assignment order of a claim is legally issued under the Enforcement Act, and is served on a debtor and a third party debtor, the repayment of the execution claim becomes effective and the compulsory execution procedure is terminated, so no appeal may be filed to seek revocation thereafter.

Article 564 of the Civil Procedure Act

Supreme Court Order 84g4,5 Dated February 13, 1984

Attorney Lee Dong-dong Construction Co., Ltd and two others, Counsel for the plaintiff-appellant

Gwangju District Court Order 86Ma6928, 6929 Decided August 23, 1986

The special appeal shall be dismissed.

We examine the legitimacy of the special appeal.

As attachment and assignment order of a claim is legally issued under the Civil Execution Act and served on an obligor and a third obligor, repayment becomes effective and compulsory execution procedure is terminated, it is consistent case law to ensure that no appeal can be filed to seek revocation thereafter. As such, inasmuch as there is no benefit to cancel the previous execution act by deeming that compulsory execution procedure has been completed, there is no room for allowing special appeal against it.

As the special appellant's assertion, even if the assignment order of this case does not substantially take effect as an unlawful invalidation in its contents, it does not affect the conclusion above.

Therefore, the special appeal is unlawful, and it is so decided as per Disposition by the assent of all participating Justices.

Justices Park Jong-soo (Presiding Justice)