부동산에 대한 처분금지가처분 집행의 효력 - 부동산 전득자의 대위에 의한 처분금지가처분을 중심으로 -

• 영문명: Effects of Provisional Injunction Against Disposal of Real Estate - Focusing on Effects of Provisional Injunction Against Disposal by Subrogation of Real Estate Subsequent Purchaser -
• 발행기관: 충북대학교 법학연구소
• 저자명: 김건호(Kim Keon Ho)
• 간행물 정보: 『법학연구』第26卷 第2號, 217~240쪽, 전체 24쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2015.12.30

영문 초록

After the real estate subsequent purchaser performs provisional injunction against disposal by subrogation, the ownership transfer registration sequentially completed, from the name of transferer to that of transferee and from that of transferee to that of a third person, does not violate the injunctive effect of debtor by the effects of exercising the subrogation right of creditor. Further, the subsequent purchaser cannot claim invalidity of the stated-above ownership transfer registration as he or she does not infringe on the preserved right of a provisional injunction against disposal. Eventually, the subsequent purchaser ends up not completing the ownership transfer registration under his or her name, which was intended to achieve through a provisional injunction. In regards to the countermeasures to preserve the right of the subsequent purchaser, the Supreme Court's attitude is so passive, which can bring out many problems. Hence, to preserve the right of subsequent purchaser, according to positive interpretation of Article 305 Clause 1 and 3 of Civil Execution Act, the court can issue not only a provisional injunction against disposal by subrogation in accordance with the subsequent purchaser's application but also a provisional injunction to prohibit transferer from performing on transferee. Concerning a provisional injunction, it is appropriate to acknowledge erga omnes effects by filling in the court's issuance on the register of targeted real estate and officially notifying the court's issuance.

목차

Ⅰ. 서론

Ⅱ. 부동산 처분금지가처분의 효력

Ⅲ. 채권자의 대위에 의한 처분금지가처분의 효력

Ⅳ. 전득자 병의 권리보전방안

Ⅴ. 결론

참고문헌

Abstract

키워드

처분금지가처분 채권자대위권 부동산전득자 피보전권리 가처분등기 provisional injunction against disposal subrogation right of creditor Real Estate Subsequent Purchaser preserved right provisional injunction registration