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(영문) 서울행정법원 2016.03.17 2015구합11011
압류처분무효확인
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff failed to pay the health insurance fees from July 2009 to July 201, the Defendant seized the real estate listed in the attached list owned by the Plaintiff (hereinafter “instant apartment”) on August 26, 201 (hereinafter “instant attachment disposition”), and completed the attachment registration under Article 45676 on the same day.

B. On October 20, 2011, the Defendant released the instant attachment disposition upon the Plaintiff’s payment of delinquent premium, and completed the registration cancellation of the attachment registration as prescribed by Article 5741 on the same day.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 10, the purport of the whole pleadings

2. The Plaintiff’s disposition of this case by the Defendant’s assertion is unlawful as it was conducted without prior notification of the scheduled seizure in violation of the Defendant’s internal business management guidelines, and its defect is serious and clear. Therefore, it is void as it is reasonable

Although the attachment registration of this case was cancelled due to the cancellation of the attachment disposition, there was a misunderstanding that the plaintiff's credit was bad due to the record of the attachment on the registry, and causing mental and economic damage in relation to the lease of the apartment of this case, so there is a benefit to seek confirmation of its invalidity.

3. Judgment on the defendant's main defense

A. The Defendant’s assertion that the attachment disposition of this case was revoked by paying delinquent insurance premiums, and thus there is no legal interest in seeking confirmation of the invalidity of the attachment disposition of this case against the Plaintiff.

Therefore, the instant lawsuit is unlawful.

B. In principle, one suit for confirmation is permitted to eliminate risks or apprehensions in relation to the present rights or legal status. As to past legal relations, it is not recognized as effective and appropriate means to obtain a judgment on confirmation of the said legal relations in order to eliminate risks or apprehensions in relation to the present rights or legal status.

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