가처분의 효력과 등기

• 영문명: A Study on the Effect of Provisional Disposition and Registration
• 발행기관: 한국민사소송법학회
• 저자명: 김상수(Kim, Sang Soo)
• 간행물 정보: 『민사소송』제20권 제1호, 229~251쪽, 전체 23쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2016.05.30

영문 초록

When there is a order of a temporary injunction, it s ordinary that is registered. It ll be a problem whether the effect of the order forms when doing the order, or when registering the order. It was settled by legislation in Japan about this problem. However, it isn t clear whether this problem was settled in legislative way in our country. It s in the current state studied by a practitioner mainly about this problem. A precedent of an important Supreme Court case about this problem has gone out recently. This study treats this problem with the precedent as a material. This precedent quoted and judged the effect of the injunction to suspension of the exercise of duties with quoting the Commercial Law. Supreme Court An Areopagus judged that its effect formed when doing the order as a principle. When court does a temporary injunction actually, the registration also combines, so there are almost no cases that it ll be a problem as of the occurrence of the effect of the order. However, registration is sometimes impossible, so it is understood its effect to form when doing the order. When revising the Civil Enforcement law from now on, we ll need enough consideration about this problem.

목차

Ⅰ. 들어가며

Ⅱ. 최근의 대법원 판례

Ⅲ. 가처분의 집행과 등기

Ⅳ. 상업등기의 효력과의 관계

Ⅴ. 맺으며

참고문헌

키워드

민사보전 직무집행정지가처분 이사 가처분의 효력 등기(Registration) Temporary Injunction Suspension of the Exercise of Duties Director Effect of the Provisional Disposition