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(영문) 대법원 2014. 03. 27. 선고 2013두26835 판결
(심리불속행) 공탁금 회수청구권이 있음을 알았다고 보여 압류를 즉시 해제함[국패]
Case Number of the immediately preceding lawsuit

Seoul High Court 2013Nu1990 ( November 28, 2013)

Title

(1) If the seizure is immediately cancelled, it appears that the deposit has been claimed. (2) If

Summary

(1) The Plaintiffs are obligated to immediately release the seizure, since they received a favorable judgment by filing a lawsuit on the ownership of the right to claim the recovery of deposit against the delinquent taxpayers, and the right to claim the recovery of deposit was known to the Plaintiffs at the time of seizure.

Cases

2013du26835 The revocation of revocation of an application to revoke the attachment disposition.

Plaintiff-Appellee

AAA and one other

Defendant-Appellant

b Head of the Tax Office

Judgment of the lower court

Seoul High Court Decision 2013Nu1990 Decided November 28, 2013

Text

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

Reasons

All of the records of this case and the judgment of the court below and the grounds of appeal were examined, but the grounds of appeal by the appellant are not included in the grounds provided by each subparagraph of Article 4(1) of the Act on Special Cases Concerning the Procedure for Appeal. Thus, the appeal is dismissed pursuant to Article 5 of the same Act. It is so decided as per Disposition by the assent

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