假押留 後에 설정된 抵當權의 優先辨濟的 效力

The Priority Effect of Mortgage after Preliminary Attachment

&nbsp;&nbsp;The preliminary attachment that is for the purpose of keeping the present debtor&quot;s general property being subject for preserving of a convertible monetary claim as a monetary claim or money. The debtor can&quot;t dispose the property no more. But this effect is not absolute nullity but relative nullity.<BR>&nbsp;&nbsp;In this matter, this paper is intended to account for object. The crux of this paper is like this:<BR>&nbsp;&nbsp;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.<BR>&nbsp;&nbsp;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&quot;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.<BR>&nbsp;&nbsp;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&quot;s disposal after preliminary attachment is possibility.<BR>&nbsp;&nbsp;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.