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(영문) 대구지방법원 2015.03.18 2014구합2135
압류처분취소
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. In around 1999, the Defendant imposed on the Plaintiff a total of KRW 18,536,840 as of September 30, 1999.

B. On November 3, 2003, the Plaintiff did not pay the due date after the due date, the Defendant issued a seizure disposition on the ground that the instant automobile owned by the Plaintiff was delinquent in local taxes (hereinafter “instant seizure disposition”).

C. Meanwhile, at the date of the second pleading of the instant case, the Plaintiff knew that the instant attachment disposition was taken against the instant automobile 2 and 3 years prior to the date of the second pleading of the instant case.

'Written Statement'.

【Ground of recognition】 The facts without dispute, entries in Gap evidence 1 and 2 (including each number), and the purport of the whole pleadings

2. As to the Plaintiff’s lawsuit seeking revocation of the attachment disposition of this case by asserting that the Defendant’s continuation of the attachment disposition of this case merely for the purpose of preventing the expiration of extinctive prescription of the tax claim, even though there was no amount of priority mortgage, etc., was contrary to the legislative intent of the Act on Welfare of Persons with Disabilities, which provides for the duty to protect the disabled such as the Plaintiff and infringed the right to pursue happiness under the Constitution, the Defendant filed a suit of this case 11 years after the date of the attachment disposition, and thus, asserted that the period of filing

Article 20(1) of the Administrative Litigation Act provides that a revocation lawsuit shall be filed within 90 days from the date on which the defendant becomes aware of the disposition, etc., and on November 3, 2003, the seizure disposition of this case was made by the defendant, and the plaintiff was aware of the seizure disposition of this case at the latest around March 2013, and it is evident that the plaintiff filed the lawsuit of this case on October 8, 2014.

According to the above facts, it is obvious that the lawsuit of this case was filed 90 days after the plaintiff became aware of the attachment disposition of this case.

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