Suwon District Court 2009Guu12335 (2010.06.03)

Attachment of trust real estate shall be null and void automatically by seizure of the property of a third party.

Since compulsory execution and auction are prohibited as a matter of principle for trust property, the attachment of the property of a third party, the trustee, for the delinquent amount of the trust property, is void automatically.

The contents of the decision shall be the same as attached.

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the defendant.

1. Purport of claim

The attachment disposition issued by the defendant on March 31, 2009 on the real estate stated in the attached list shall be confirmed as invalid.

2. Purport of appeal

The judgment of the first instance is revoked, and the plaintiff's claim is dismissed.

1. Quotation of judgments of the first instance;

The reasoning for the court's explanation on this case is the same as the part of the judgment of the court of first instance, and thus, it is citing it in accordance with Article 8 (2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

2.In conclusion

Therefore, the judgment of the court of first instance is just, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.