재산분할에 대한 가집행선고

Declaration of Provisional Execution in Division of Property

A spouse can present a claim to the other spouse for division of property, when they divorce. Incidentally according to article 42, paragraph 1 of family litigation act, for adjudication on a claim of property, which is subject to an immediate appeal, an order shall be issued to the effect that a provisional execution may be effected without having any security furnished. Therefore the court can issue provisional execution when court order division of property. But in almost every case court do not issue provisional execution. Last year a judge, she works for Suwon District Court, make an order of provisional execution. But the Supreme Court does not make a judgment until now. Provisional execution in division of property is useful system for the benefit of the spouse who claims division of property. So I think, in case of division of property, provisional execution is considered positively.