Whether the seizure of housing funds transferred by local governments from the Korea Housing and Commercial Bank for lending to the housing association to the special account for national housing projects (negative)

Even if the local government received a loan from the Housing Bank to lend the National Housing Fund established by the Korea Housing and Commercial Bank to the housing association for the purpose of credit management, the nature of the National Housing Fund is maintained as it is. Therefore, the housing association's loan claims against the local self-government organizations constitute funds prohibited from seizure as prescribed by Article 30-2 of the Korea Housing and Commercial Bank Act.

Articles 10, 10-3, and 11 of the Housing Construction Promotion Act, Article 30-2 of the Housing and Commercial Bank Act

[Judgment of the court below]

Attorney Kim In-hwan, Counsel for the defendant-appellant

Seoul High Court Decision 87Na2060 delivered on December 7, 1988

The judgment below is reversed and the case is remanded to Seoul High Court.

The grounds of appeal No. 1 are examined.

The court below acknowledged the fact that the non-party come to a creditor of the above housing association as the third party debtor and issued an order of seizure and assignment as to the right to claim delivery of KRW 25,00,000 among the remaining loans, since the above part of the above loans is prohibited from seizure under Article 30-2 of the Korea Housing Bank Act, the above seizure and assignment order is invalid since the defendant's claim is not the right to claim withdrawal of the funds transferred to the credit management account held by the defendant against the Korea Housing Bank, but the above non-party union's loan of KRW 362,80,000 is not the right to claim withdrawal of the funds and the above non-party union's loan of KRW 62,20,000.

However, according to the relevant provisions of the Housing Construction Promotion Act, the Operation and Management Regulations of the National Housing Fund (amended by Presidential Decree No. 10, Feb. 10, 1984), the Government shall establish the National Housing Fund to secure funds necessary for the efficient implementation of the comprehensive plan for housing construction and to supply it smoothly (Article 10(1) of the Act), and the Minister of Construction and Transportation may operate and manage it, and entrust affairs concerning the operation and management of the National Housing Fund to the president of the Korea Housing and Commercial Bank (Article 10-3(1) of the Act). (Article 10-3(2) of the Act), a local government shall establish and operate a special project for national housing (Article 11(1) of the Act) to implement a national housing project (Article 11(1) of the Housing Construction Promotion Act) with a loan from the Korea Housing and Commercial Bank and have a local government re-loan to the housing association members, etc. (Article 17 of the said Act).

According to the records, the Korea Housing and Commercial Bank has received a loan from the Korea Housing and Commercial Bank under Article 17 of the above Management and Operation Regulations and paid in installments at the request of the defendant Gun by transferring 425,00,000 won of union housing funds to the account opened by the defendant Gun for the purpose of lending to the said housing association. The defendant Gun has applied for union housing funds to the Korea Housing and Commercial Bank as above whenever it applies for the payment of union housing funds according to the National Housing Construction Period of the said housing association, and deposited funds borrowed from the association housing funds into the special account of the national housing business. Further, it can be seen that the above housing bank has re- loaned funds to the above housing association. Meanwhile, Article 30-2 of the Korea Housing and Commercial Bank Act provides that the right to receive funds transferred from the bank to the account for the purpose of credit management cannot be seized. In full view of the provisions of the above Housing Construction Promotion Act and Article 30-2 of the above Housing and Commercial Bank Act, it can be viewed as prohibited from being transferred to the above special account holder of the National Housing Association under the National Housing Association Act.

The court below erred in the misapprehension of legal principles as to the prohibition of seizure of the National Housing Fund under the Housing Construction Promotion Act, and this constitutes Article 12 (2) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings. Therefore, the judgment of the court below shall be reversed and the case shall be remanded to the court below without determination of the remaining grounds for appeal.

Justices Park Yong-dong (Presiding Justice)