An objection against an assignment order under the former Civil Procedure Act (amended by Act No. 4201 of January 13, 1990)

In the case of Articles 561, 563, and 564 of the Civil Procedure Act prior to the amendment, once a seizure and assignment order of claims is issued and served on the debtor and the third debtor, the compulsory execution procedure for the claims is terminated regardless of the legality of the assignment order, and there is no room for filing an objection against it thereafter.

Article 564 of the former Civil Procedure Act (amended by Act No. 4201 of January 13, 1990)

Supreme Court Order 82Ma854 dated January 26, 1983 (Gong1983,573) 84Da4,5 dated February 13, 1984 (Gong1984,574) 86Da139 dated October 17, 1986 (Gong1987,222)

[Defendant-Appellant] Jeon-ju Attorney Jeon Soo-tae

Seoul Central District Court Order 90Ra455,456 Dated September 27, 1990

The reappeal is dismissed.

The grounds of reappeal are examined.

Before the amendment of Articles 561, 563, and 564 of the Civil Procedure Act by Act No. 4201 of Jan. 13, 1990, when a seizure and assignment order of a claim was issued and a lawful delivery has been made to the debtor and the third debtor, the compulsory execution procedure against the claim is terminated regardless of the legality of the assignment order, and there is no room for filing an objection thereafter (see Supreme Court Order 74Ma144 dated Nov. 27, 1976; Order 82Ma854 dated Jan. 26, 1983). The court below rejected the re-appellant's appeal seeking the cancellation of the assignment order of this case based on such opinion, and it does not mean that the court's decision to suspend compulsory execution was rendered against the judgment that became the basis of the assignment order of this case before the seizure and assignment order of this case was issued, and it does not mean that it is treated differently.

Therefore, there is no reason to argue in the opposite position.

Therefore, the reappeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices.

Justices Lee Jae-chul (Presiding Justice)