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Main Issues
Cases where there is an error of incomplete deliberation in determining whether provisional seizure for the preservation of claims is necessary;
Summary of Judgment
In order to secure a claim, if a building on the land and a building on the land have been established as a collateral, it is necessary to determine the necessity of provisional seizure for the execution and preservation of a claim, to determine the realization value of the above real estate and to determine whether it is possible to obtain satisfaction of the claim at the price.
[Reference Provisions]
Article 187 of the Civil Procedure Act
Applicant-Appellee
Kim Sung-ok
Respondent, appellant
Use of Goods
Judgment of the lower court
Suwon support for the court of first instance, Seoul Civil Aviation District Court Decision 66Na504 delivered on September 20, 1967
Text
We reverse the original judgment.
The case shall be remanded to the Panel Division of the Seoul Civil District Court.
Reasons
The grounds of appeal by the respondent are examined.
According to the original judgment, the court below acknowledged that the applicant's above provisional seizure of 181,50 won and the above provisional seizure of 50 won and the above provisional seizure of 3rd house owned by the respondent was provisional seizure of 69 square meters and 10 square meters and 20 square meters of 20 square meters of junbs and 20 square meters of junbs and 3rd house owned by the Respondent, and that provisional seizure of 66Kabs and 202 of Seoul District Court's Suwon District Court's 66Kabs and 3rd house owned by the above Respondent's 5th house and the above provisional seizure of 3rd house and 5th house owned by the above Respondent's Respondent's 5th house and the above provisional seizure of 3rd house and the above 5th house and the above 5th house and the above 3th house and the above 5th house and building's 1,000 square meters of the above Respondent's 5th house were established.
In accordance with the unanimous opinion of all participating judges, it is decided in accordance with Articles 400 and 406 of the Civil Procedure Act.
Justices of the Supreme Court Na-Ba (Presiding Judge) and Do-dong Kimchi-baking Board