Case Number of the immediately preceding lawsuit
Seoul Administrative Court 201Guhap2101 ( October 28, 2011)
Title
Since the seizure of real estate was cancelled, there is no legal interest.
Summary
Since the seizure of each real estate of this case was cancelled, there is no legal interest in seeking confirmation that the disposition of this case is null and void.
Cases
2011Nu16751 Nullification of attachment disposition
Plaintiff and appellant
AAAAAA
Defendant, Appellant
head of Sung Dong Tax Office
Judgment of the first instance court
Seoul Administrative Court Decision 2011Guhap2101 Decided April 28, 2011
Conclusion of Pleadings
August 10, 2011
Imposition of Judgment
September 21, 2011
Text
1. Revocation of a judgment of the first instance;
2. The instant lawsuit shall be dismissed.
3. All costs of the lawsuit shall be borne by the defendant.
Purport of claim and appeal
1. Purport of claim
It is confirmed that each attachment disposition issued by the Defendant on March 16, 2009 with respect to each real estate listed in the Schedule 1 to 4 attached hereto is invalid.
2. Purport of appeal
The judgment of the first instance is revoked. The plaintiff's claim is dismissed.
Reasons
1. cite the judgment of the first instance;
In this case, the part of the "disposition" is the same as the judgment of the court of first instance, and this part is cited in accordance with Article 8 (2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.
2. Ex officio determination
According to the statement in Eul evidence No. 4, and the defendant may recognize the fact that the seizure of each of the instant real estate was cancelled on July 28, 201, after the appeal of this case. Accordingly, the plaintiff has no legal interest in seeking confirmation that the instant disposition is null and void.
3. Conclusion
Therefore, the judgment of the first instance court is revoked, and the lawsuit of this case is dismissed. The total cost of the lawsuit is assessed against the defendant by applying Article 32 of the Administrative Litigation Act mutatis mutandis.