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Main Issues
Whether an assignment order for the right to claim the return of the auction bond is valid under the condition that the future auction will be withdrawn.
Summary of Judgment
Since the right to claim the return of the auction bond under the condition that the future auction will be withdrawn is confirmed, the assignment order is valid.
Plaintiff-Appellee
[Defendant-Appellee] Plaintiff 1
Defendant-Appellant
Korea
original decision
Seoul High Court Decision 75Na496 delivered on July 3, 1975
Text
The appeal shall be dismissed. The costs of appeal shall be borne by the defendant.
Reasons
Judgment on the grounds of appeal by Defendant Litigation Performers
According to the reasoning of the first instance judgment, which was abandoned by the court below, the first instance court, based on the evidence of his death, Nonparty 1.
Inasmuch as Nonparty 2 and Nonparty 3 jointly purchased a promissory note claim amounting to KRW 2,600,000 against Nonparty 2 and Nonparty 3, on December 21, 1973, with respect to the auction bond amounting to KRW 5,000,00,000, which was deposited in the above court, which is the Defendant’s affiliated organization, for the real estate auction case of KRW 73T618, Seoul District Criminal Court’s Incheon District Court’s 73ta618, Dec. 21, 1973, with respect to the non-party’s right to claim the return of KRW 2,50,00,00 which is the non-party 2’s equity interest, the above court’s 74 another4,435,436, June 12, 1974, with the Defendant’s third party obligor’s third party obligor’s right to claim the return of the above auction bond of KRW 10,000,000.
Even in light of the records of the case, the court of first instance, which maintained by the court below, is justified in finding and determining the above facts, and there is no error of law that misleads the application of the legal interpretation like the theory of lawsuit, and therefore the argument cannot be adopted.
Therefore, the appeal is dismissed and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.
Justices Ahn Byung-hee (Presiding Justice) (Presiding Justice)