A. The meaning of the fixed date and the certificate with the fixed date under Article 450 of the Civil Code

(b) The time of acquisition of the opposing power against the third party in case where he obtains the fixed date in the certificate after notification of the transfer of nominative claim by a certificate with no fixed date

(a) A fixed-date column under Article 450 of the Civil Code refers to a document with the date legally recognized as safe evidence concerning the date on which the document is prepared, and a document with the fixed-date which indicates the date on which the party is finally unable to change last and has the fixed-date date means a document with the above date, as stipulated in Article 3 of the Addenda to the Civil Code.

(b) In case where the notification of the transfer of nominative claim has failed to have the opposing power against the third party by a certificate with no fixed date, but thereafter has obtained the fixed date in the certificate, the opposing power against the third party shall be acquired after the date.

Article 450 of the Civil Act

Plaintiff

Defendant

Seoul High Court Decision 86Na3658 decided August 12, 1987

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

We examine the grounds of appeal.

(1) According to the reasoning of the judgment of the court below, the court below acknowledged that the plaintiff received a provisional seizure order from the Daejeon District Court on February 6, 1985 regarding KRW 10,00,000 among the amount of KRW 30,000,000 from the non-party 1's lease deposit against the defendant, and then delivered the original copy of the decision to the defendant on February 8, 1985, and then, based on the original copy of the judgment with executory power in the provisional execution order demanding damages claim No. 85,280,821 as to KRW 10,00,00 from the above provisional seizure of the court on March 18, 1986, the court below rejected the defendant's assertion that the above assignment order was invalid on the ground that the above assignment order was not a dispute over the fact that the above assignment order was not issued to the defendant on March 19, 198, and there was no evidence to acknowledge that the above assignment order was invalid on the ground of the above fixed date.

In addition, the transfer of nominative claim can not be set up against any third party other than the debtor without notifying the debtor or giving consent of the debtor, and the notification and consent can not be set up against the debtor, unless it is based on the document with the fixed date. The fixed date in this context means the date legally recognized as sufficient evidence of the date in which the document is prepared, and the date which the parties are finally unable to change later, and the fixed date date means the document with the above date, which is stipulated in Article 3 of the Addenda to the Civil Code.

However, according to the court below's determination, the notice of assignment of claims that non-party 1 sent to the defendant on January 16, 1985 was issued by the method of special delivery (certificate), and the above special delivery (certificate) does not confirm the contents of a postal item or describe the fixed date, but it is merely a document that has the fixed date and affixed the seal to the carrier to prove only the delivery of a postal item (a separate certificate) in order to prove only the delivery of a postal item. Thus, it cannot be viewed as a document with the fixed date prior to this point.

In the same purport, the court below's decision that the notification of the assignment of claims made by the non-party 1 to the defendant on January 16, 1985 was made by means of a special delivery (certification) and thus cannot be deemed to have been made by the certificate with a fixed date is just, and there is no error of law by misunderstanding the legal principles as to the theory of lawsuit

All arguments are groundless.

(2) Although the notification of the transfer of nominative claim was made by a certificate with no fixed date and did not have the opposing power against the third party, if the certificate was thereafter obtained the fixed date, the opposing power against the third party shall be obtained after that date. According to the court below's decision, according to the non-party 1's notification of the transfer of nominative claim on January 14, 1985 was based on the certificate with no fixed date, but it was obtained the fixed date on February 15, 1986, so the defendant acquired the opposing power against the plaintiff only after that date.

However, in the case of this case where it is evident that the plaintiff received a provisional attachment order for KRW 10,00,000 among the lease deposit claims of this case, the defendant's delivery of the provisional attachment order to the defendant on February 6, 1985, before acquiring opposing power is made and on February 8 of the same year, the defendant cannot oppose the plaintiff as to the above provisional attachment claims.

Therefore, the judgment of the court below to the same purport is just and it is not erroneous in the misapprehension of legal principles like the theory of lawsuit.

(3) Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

Justices Lee Jae-hee (Presiding Justice)