Text
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. The grounds for admitting the judgment of the court of first instance are as stated in the reasoning of the judgment of the court of first instance, except for the part to be determined additionally in paragraph (2) below. Thus, the relevant statement is cited pursuant to the main sentence of Article 420 of the Civil Procedure Act
2. Parts to be determined additionally
A. Following the fifth 15 lines of the judgment of the court of first instance, the following parts of the “A” shall be added.
[Article 225 of the Civil Execution Act provides that the claims to be seized shall be specified by specifying the type and amount of the claims to be seized. However, the specific extent here is sufficient to distinguish them from other claims. The "claims to be seized, and to be collected" in the seizure and collection order of this case states that D, the debtor, is the claims to be deposited in the third country against the third party debtor. The claims to be seized and collected are recognized only for the claims to recover the provisional seizure debtor's deposit and for the claims to be deposited in the provisional seizure creditor's deposit are not recognized. Thus, even if the purport of the claims to be deposited in the country (third party debtor) of D (debtor), even if it is indicated, it can be identified legally as referring to the claims to recover the deposit of the provisional seizure debtor, and from the perspective of the general public, it is sufficient to view that the meaning of the "equition to be granted" is similar to the meaning of the "collection claim to be returned by the debtor from the deposit office."
However, it is reasonable to view that the claims for seizure and collection are specified in the claims for recovery of deposit money against the country (third obligor) of D (third obligor) and that the claims can be sufficiently distinguishable from those of other claims against D.
[Attachment]
B. The fifth end of the judgment of the court of first instance is as follows.