1. The plaintiff Gap's successor's motion to intervene in the succession shall be dismissed;

2. The defendant corporation.

Any creditor who requests a provisional seizure or seizure of legal claims related to the legitimacy of the intervenor's application for intervention in succession shall specify the kind and amount of the claims to be seized in the application (Articles 225 and 291 of the Civil Execution Act), and, in particular, when applying for an order of seizure only for part of the claims to be seized, specify the scope thereof.

(Civil Execution Rule (Articles 159(1)3 and 218). Nevertheless, in cases where a creditor’s application for provisional seizure or seizure does not specify the subject and scope of the claims to be seized and where the claims to be seized are not specified in the decision of provisional seizure or seizure order (hereinafter “decision of seizure, etc.”) due to failure to specify the subject and scope of the claims to be seized, the effect of seizure, etc. does not take place, etc.

This legal doctrine has several claims against a third-party obligor, and is equally applied to cases where a creditor files an application for seizure, etc. on the whole of his/her claims. In such a case, the creditor must clearly specify what the creditor files an application for seizure, etc. within the scope of one of the multiple claims.

If the subject and scope of seizure are not specified and only the amount of claims subject to seizure is subject to seizure, and only the amount of claims for the same amount of claims is subject to seizure, etc. among them, the obligor and the third obligor cannot clearly distinguish whether the subject is prohibited from payment or disposition by the relevant decision such as seizure. As a result, it is impossible for the obligor to exercise the right for the portion not subject to seizure, etc. or to exempt the third obligor from the burden by classifying only the seized portion.

(see, e.g., Supreme Court Decision 2011Da38394, Nov. 15, 2012). However, the total amount of claims subject to seizure is the same.