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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 대법원 1970. 6. 24.자 70마350 결정
[유체동산가압류집행취소결정에대한재항고][집18(2)민,094]
Main Issues

No appeal may be made against a ruling to revoke the execution of provisional seizure.

Summary of Judgment

In case where an action of demurrer against a third party against the execution of provisional seizure has been brought and the decision of revocation of a provisional seizure execution disposition under Article 509 (3) of this Act and paragraph (2) of this Article has been made, no appeal may be made against

[Reference Provisions]

Article 507(2) of the Civil Procedure Act, Article 707 of the Civil Procedure Act

Re-appellant

Re-appellant

upper protection room:

Newdo Unemployment Corporation

Judgment of the lower court

Daegu District Court Decision 70Ra40 delivered on April 18, 1970

Text

We reverse the original judgment.

An appeal shall be dismissed.

Reasons

The re-appellant's ground for reappeal is examined.

According to the records, the re-appellant obtained a provisional attachment order on February 24, 1970 for the purpose of preserving the claim against the non-applicant and executed provisional attachment for this case. The other party filed a lawsuit against the above movable property as his own ownership and the third party filed a lawsuit against this execution, and accordingly, sought a revocation of provisional attachment execution disposition pursuant to Articles 509(3) and 507(2) of the Civil Procedure Act, and it is recognized in the first instance court of this case. The re-appellant filed a complaint against this decision of acceptance, but the provisions of Article 507(2) of the Civil Procedure Act of this case Article 507(2) of the same Act of the same Act of this case of this case of this case of this case of this case of this case of this decision of the court below until the time of the judgment of this case of this case of this case of this case of the court below as to this provisional provisional disposition of this case of this case of this case of this case of this case of this case of this case of this case of appeal (see Supreme Court Decision No. 3635 of this case of this case of this case).

Accordingly, the court decides to reverse the original decision ex officio before the re-appellant's grounds for re-appellant's re-appeal are reversed. Since the case is deemed to be suitable for a party member to directly judge, it is decided to see a party member. As seen above, a temporary objection is not allowed against the judgment revoking the provisional seizure execution disposition. Thus, this appeal

The opinions of involved judges are consistent with this decision.

The presiding judge of the Supreme Court (Presiding Judge)

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