1. Whether a lawsuit of demurrer against a third party against a provisional seizure is lawful when the main seizure has been effected after the provisional seizure;

2. The granting of a lawsuit of demurrer against a third party against the bank, where the Korea Assets Management Corporation, entrusted with the collection of claims by the bank, is executed upon application for seizure;

1. If the principal seizure is made on the object of provisional seizure, the provisional seizure from this time shall be deemed unlawful as there is no benefit to seek a non-permission of the execution of the provisional seizure on the ground that there is no benefit to seek a non-permission of the execution of the provisional seizure from this time

2. In the event that the Korea Assets Management Corporation becomes an executing party upon the delegation of the collection of claims from the bank and the execution of the seizure is made, the Korea Assets Management Corporation is not entitled to a third party’s lawsuit of objection against the bank.

Article 509 of the Civil Procedure Act, Article 713 of the Civil Procedure Act

Supreme Court Decision 75Da2065 delivered on January 27, 1976 (Supreme Court Decision 11129 delivered on November 27, 197, Decision 713(1) of the Civil Procedure Act, Decision 531 delivered on the court bulletin 8952 delivered on January 27, 197

Large Shipbuilding Co., Ltd.

The Bank of Korea, Inc.

Suwon District Court Incheon Branch (80 Gohap201)

The original judgment shall be revoked.

The plaintiff's main lawsuit is dismissed.

All the costs of lawsuit shall be borne by the plaintiff in the first and second instances.

On November 15, 1979, based on the executory exemplification of the provisional attachment decision of Suwon District Court 79Ka1545, for the non-party Yaman Industrial Co., Ltd., the defendant's execution of provisional attachment against the corporeal movables listed in the attached list on November 15, 1979 and compulsory execution against the same movables on March 11, 1980 based on the executory exemplification of the payment order of No. 79j1130 of mobilization.

Litigation costs shall be borne by the defendant.

The original judgment shall be revoked.

The plaintiff's claim is dismissed.

All the costs of lawsuit shall be borne by the plaintiff in the first and second instances.

On November 15, 1979, based on the original copy of the decision of provisional seizure of corporeal movables (No. 79Ka1545) issued by the Suwon District Court for the non-party Korea Assets Management Corporation, the defendant bank did not dispute the fact that the non-party Korea Assets Management Corporation entrusted by the defendant bank with the collection of claims for corporeal movables as stated in the attached list on November 15, 1979, and that the non-party Korea Assets Management Corporation applied for provisional seizure of the above movables on March 11, 1980 upon the original copy of the order of provisional seizure (No. 79Da1130, Incheon Branch Branch of the defendant bank for the above Mau Shipbuilding Industries Corporation) to the above movables on March 11, 1980. (The Korea Assets Management Corporation, as the Korea Assets Management Corporation did not permit the execution of provisional seizure of the above movables to be executed independently from the financial institution, and thus, it is unlawful for the plaintiff to seek the execution of provisional seizure of the above movables to be executed by the non-party to the execution of provisional seizure (the above).

Therefore, the plaintiff's lawsuit seeking provisional attachment execution of the purport of the claim and no permission of execution of the original attachment shall be dismissed in an unlawful manner. Since the original judgment different from the original judgment is unfair, the original judgment is revoked, and it is so decided as per Disposition by applying Articles 96 and 89 of the Civil Procedure Act with respect to the costs of lawsuit.

Judges Kim Jong-hee (Presiding Judge)