가압류와 목적물의 표시

• 영문명: A Study on Necessity of Indicating the Object of Attachment
• 발행기관: 한국민사소송법학회
• 저자명: 김연(KIM, Yeon)
• 간행물 정보: 『민사소송』제18권 제1호, 247~278쪽, 전체 32쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2014.05.30

영문 초록

In Korea, the plaintiff should fix up the object when he file an attachment case. The court, after the trial, makes a decision of attachment order to the specific object. This is an established custom in Korean court and legal field. In the sense, the attachment cases are divided into real estate attachment, movables attachment and claims attachment depending on the object of attachments. But in Korean law, there is no ground such a regulation to fix up the object in the process of attachment. Such a custom is derived from pursuit of convenience of execution of attachment to avoid separate application for the attachment execution. But the process containing the object of attachment makes several problems. First, the cases are differentiated by the object in spite of the same parties and the same claim. Second, the plaintiff must file another attachment case when he did not succeed to get sufficient conservation from the attachment. Third, the object makes the procedure more complex and delay. As a conclusion, after reviewing the pros and cons of the various grounds, we insist to get rid of the object from the attachment process. By doing so, the process could be normalized and both the court and the parties could find adequacy and affordabillity. Of course the plaintiff, if he wants, could apply execution to a specific object simultaneously with the filing attachment case.

목차

Ⅰ. 서설

Ⅱ. 가압류에서의 목적물 지정의 근거와 필요

Ⅲ. 가압류에 목적물을 표시하는 문제의 검토

Ⅳ. 목적물을 제외한 가압류 명령

Ⅴ. 결어

참고문헌

키워드

가압류 가압류의 목적물 가압류의 심리 피보전권리 보전의 필요 가압류 명령 가압류 집행 절차의 신속성 내지 경제성 Provisional Attachment, Arrest Object of Attachment Trial for Attachment the Right to be Secured by Attachment Necessity of Attachment Attachment Order Execution of Attachment Prompt or Economical Process