Hello, this is Attorney Baek Gi-hyung from Cheongchul Law Firm.

In civil litigation, provisional seizure is a very frequently used preservation measure. Provisional seizure not only has the effect of preserving claims but also, incidentally, can suspend the statute of limitations and prevent the expiration of claims, thus providing the advantage of easily preventing the expiration of claims.

Among such provisional seizures, the most commonly utilized methods are real estate provisional seizure and deposit claim provisional seizure.

However, since creditors often do not know the debtor's account details or deposit balances, in practice, they typically carry out provisional seizure by distributing the claimed amount among several banks. As a result, even if the provisional seizure decision is granted, it is often found that the deposit balance is zero or that the account has not been opened when checked.

So what happens to the substantive effect of provisional seizure for preserving the execution property or the incidental effect related to the suspension of the statute of limitations in such cases?

[Question]

In cases where the account is not opened, or even if it is opened, if there are no deposit balances, can the effects of provisional seizure for preservation of execution and the suspension of the statute of limitations be recognized?

[Answer]

The Supreme Court ruling on December 14, 2023, in the case 2022Da210093, first stated regarding the effect of 'preservation of execution':