假押留 後에 설정된 抵當權의 優先辨濟的 效力

• 영문명: The Priority Effect of Mortgage after Preliminary Attachment
• 발행기관: 한국재산법학회
• 저자명: 秋信英(Choo Sin-Young)
• 간행물 정보: 『재산법연구』財産法硏究 第23卷 第2號, 499~534쪽, 전체 36쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2006.10.01

영문 초록

  The preliminary attachment that is for the purpose of keeping the present debtor"s general property being subject for preserving of a convertible monetary claim as a monetary claim or money. The debtor can"t dispose the property no more. But this effect is not absolute nullity but relative nullity.
  In this matter, this paper is intended to account for object. The crux of this paper is like this:
  1. To explain the legal disposition of the principle of priority and the principle of equality in the allotment. The former is when the attachment of property comes into effect with judical title, the allotment in the attachment raking. The later is when the attachment of real property comes into effect with judical title, the allotment for the all debtor. Korea Civil Execution is accepted the principle of equality. But I think superior principle of priority than principle of equality.
  2. To explain the individual-relative-nullity theory and process-relative-nullity. Individual-relative-nullity theory is that disposal violated this duty is null refer to the only interested before the attachment is ordered. Process-relative-nullity is that disposal violated this duty is null refer to the execution process. Therefore debtor"s disposal after attachment is always null for all of whom interested of the execution process.Individual-relative-nullity is concerned in this the principle of priority. The other side, Process-relative-nullity is concerned in this the principle of equality. General opinions and Judgment have followed the individual-relative-nullity theory.
  3. As the most interest part of this paper, Particularly, we know that the matter of allotment in the mortgage after preliminary attachment. I think a correct individual-relative-nullity theory in korea. Therefore debtor"s disposal after preliminary attachment is possibility.
  I propose some fellowing criticisms about the previous subject of this paper. I want genuine individual-relative-nullity theory in korea judgment. The mortgage after preliminary attachment is later raking than preliminary attachment.

목차

Ⅰ. 序論
Ⅱ. 優先主義와 平等主義
Ⅲ. 假押留의 效力
Ⅳ. 現行 民事執行法의 解釋論
Ⅴ. 假押留와 抵當權의 衝突
Ⅵ. 結論
참고 문헌
〈Abstract〉

키워드

민사집행 가압류 저당권 우선변제적 효력 우선주의 평등주의 개별상대효설 절차상대효설 배당 집행권원 civil execution preliminary attachment mortgage priority effect principle of priority principle of equality individualrelative-nullity theory process-relative-nullity theory allotment judical title