Seoul High Court-2015-Na10785 (25 March 2016)

(C) In calculating the debtor's active property, any property which can not serve as a joint security for the claim, unless there are special circumstances, shall be excluded;

(C) If the debtor's active property is calculated, the debtor's positive property should be calculated by means of compulsory execution, unless there are other special circumstances, and thus, the debtor's positive property cannot be the object of compulsory execution. Thus, the debtor's positive property should be calculated by means of compulsory execution.

§ 406. Revocation of Civil Code

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

Examining the judgment below and the grounds of appeal, since it is apparent that the appellant’s ground of appeal falls under Article 4 of the Act on Special Cases Concerning the Procedure for Appeal, the appeal is dismissed under Article 5 of the above Act. It is so decided as per Disposition by the assent of all participating Justices.