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Title
Since the request for cancellation of attachment has not been made, illegal filing of a lawsuit
Summary
There is no evidence to acknowledge that the plaintiff applied for the cancellation of attachment to the defendant and the defendant expressed his intention to refuse the above request. Thus, the plaintiff's lawsuit of this case is illegal since it is subject to a disposition that does not exist.
Related statutes
Article 24 of the National Tax Collection Act
Cases
2014 Gohap6358 Revocation of disposition rejecting the cancellation of attachment
Plaintiff
westO
Defendant
O Head of tax office
Conclusion of Pleadings
June 30, 2015
Imposition of Judgment
August 11, 2015
Text
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Cheong-gu Office
The defendant's refusal to cancel the attachment against the plaintiff on June 23, 2014 shall be revoked.
Reasons
원고는, 경기94자XXXX, 인천80아XXXX, 인천85바XXXX 차량(이하 이들을 통틀어 '이 사건 차량'이라고 한다)의 실질적인 소유자는 원고임에도 명의수탁자인 OO운수산업 주식회사의 국세 체납을 이유로 피고가 2006. 1. 17. 이 사건 차량에 관하여 한 압류처분은 위법하다는 이유로, 이 사건 차량에 관한 압류해제거부처분의 취소를 구하고 있다.
However, there is no evidence to acknowledge that the Plaintiff applied for the cancellation of attachment of the instant vehicle to the Defendant, and the Defendant expressed his intent to refuse the said application. Therefore, the Plaintiff’s lawsuit of this case is unlawful as it is subject to a disposition that does not exist.
Therefore, since the lawsuit of this case is unlawful, it is decided to dismiss it. It is so decided as per Disposition.