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(영문) 대법원 2015.08.27 2013다203833
배당이의
Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. Regarding ground of appeal No. 1

A. Under the current law, the procedure for disposition on default and civil execution are separate procedures, and there is no provision in the law regulating relations between two procedures, and thus one procedure cannot interfere with the other party’s procedure. As such, a seizure and collection order may also be issued against a claim seized by a disposition on default pursuant to the Civil Execution Act. On the contrary, a seizure by a disposition on default may be conducted against a claim subject to a seizure and collection order under the Civil Execution Act.

In cases where seizure by means of a seizure and collection order under the Civil Execution Act conflicts with a seizure by a disposition on default, the third debtor may, in civil execution procedures, claim the repayment of the debt to either of the creditors who received a seizure and collection order, and any execution creditor by a disposition on default, in response to either of the creditors who received a seizure and collection order and the execution creditor by a disposition on default, and may also be exempted by making a deposit for execution under Article 248(1

(See Supreme Court Decision 2007Da29591 Decided September 6, 2007, and Supreme Court Decision 2013Da60982 Decided July 9, 2015). Meanwhile, seizure based on a disposition on default is not included in “a seizure” under Article 248(1) of the Civil Execution Act, where an execution deposit can be made solely on its own basis (see Supreme Court Decision 2004Da20326, Apr. 12, 2007). However, seizure by a disposition on default constitutes “a seizure by another creditor” under Article 229(5) of the Civil Execution Act or “a seizure” under Article 236(2) of the Civil Execution Act, which prohibits a third debtor from paying and receiving a claim, and has the effect of prohibiting the disposal and receipt of a claim against a debtor. It constitutes “a seizure by another creditor” under Article 229(5) of the Civil Execution Act or “a seizure” under Article 236(2) of

However, seizure under the Civil Execution Act.

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