가압류와 가처분의 경합

Abstract

In the civil litigation parties in which the litigation is pending, or not yet commenced, in particular defendants will conceal their own properties. Therefor it is necessary for claimants to settle the provisional remedies. There are two kinds of these provisional remedies: (Provisional) Seizures and Provisional Disposition. Courts can execute order of numerous provisional remedies for the same parties and the same objects, in this case the problem how priorities between the parallel provisional remedies must be decided will be led to. However, in the Civil Execution Act are not specified provisions to solve the problem. therefor fully depend on the court rulings. Specially when for a claim for the registration of a ownership transfer numerous provisional remedies has been executed, it is not obvious whether a (provisional) seizure claimant or a provisional disposition claimant is prior. In contrast to the right of golf membership regard as a claim and for the same problem the rule on the assignment of an obligation is applied. I point out that if a provisional disposition claimant had the top priority and on the merit courts ruled in favor of him, he would be preserved from any other claimants, that is, the effect of ranking preservation would be added to him.