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(영문) 서울행정법원 2020.05.07 2019구합83724
압류등기말소
Text

1. On November 13, 2018, the Defendant confirms that the attachment disposition against B’s land at Si interest is null and void.

2. The costs of lawsuit shall be.

Reasons

Details of the disposition

The plaintiff is an incorporated foundation established under the Civil Act to preserve and manage the property of the Da which is the Dolwon order (hereinafter referred to as the "instant religious order").

On November 13, 2018, the Defendant seized the land B (hereinafter “instant land”) owned by the Plaintiff for the reason that Diplomatic Association failed to pay a total of KRW 26,688,870,00 in health insurance premiums, national pension premiums, employment insurance premiums, industrial accident insurance premiums, and late payment fees therefor (hereinafter “instant disposition”), and completed the attachment registration on the same day.

(hereinafter referred to as the “registration of attachment of this case”). [Ground for recognition] does not dispute, Gap evidence 1-1, Eul evidence 1-2, Eul evidence 1-2, and the disposition of seizure based on the disposition of arrears related to the confirmation of the purport of the whole pleadings is an administrative disposition, which is separate from the registration of attachment, which is the execution method based on the disposition of arrears related to the whole purport of the pleadings, and thus, even if the seizure registration is cancelled, it is necessary to eliminate the apprehension and risk so long as the seizure disposition has an external effect. Thus, there is a benefit

(See Supreme Court Decision 2002Du3669 Decided May 16, 2003). According to the evidence No. 4, the fact that the land of this case was sold during the voluntary auction on February 11, 2020 and the registration of seizure of this case was cancelled on the same day is recognized.

However, insofar as the Plaintiff’s instant attachment disposition is subject to the property of a person who is not a person obligated to pay the insurance premium, so it is reasonable to view that the Plaintiff has legal interest in seeking confirmation of invalidity of the attachment disposition of this case.

The plaintiff's assertion as to the legitimacy of the seizure disposition of this case and the branch church belonging to the order of this case are separate non-corporate groups, and the plaintiff is a foundation which has legal personality separate from the above order of this case and the branch church belonging to it.

D Teaching Association shall be removed on October 1, 2016, and no longer belongs to the religious order of this case.

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