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TITLE Supreme Court Order 2017Ma499 Dated August 21, 2017【Claim Attachment and Assignment Order】* First draft [full Text]
Summary
[1] In case where a beneficiary, as a form of restitution, is obliged to compensate for the equivalent value in a suit for revocation of a fraudulent act, whether a court order to attach and assign the beneficiary’s claim is obtainable in execution of another separate claim by a creditor who is the holder of an enforceable title (affirmative)
[2] Whether even a claim in which set-off is prohibited may be subject to an assignment order based on compulsory execution, so long as said claim does not fall under a claim prohibited to be attached (affirmative)
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