부동산에 대한 처분금지가처분 집행의 효력 - 부동산 전득자의 대위에 의한 처분금지가처분을 중심으로 -

Effects of Provisional Injunction Against Disposal of Real Estate - Focusing on Effects of Provisional Injunction Against Disposal by Subrogation of Real Estate Subsequent Purchaser -

After the real estate subsequent purchaser performs provisional injunction against disposal by subrogation, the ownership transfer registration sequentially completed, from the name of transferer to that of transferee and from that of transferee to that of a third person, does not violate the injunctive effect of debtor by the effects of exercising the subrogation right of creditor. Further, the subsequent purchaser cannot claim invalidity of the stated-above ownership transfer registration as he or she does not infringe on the preserved right of a provisional injunction against disposal. Eventually, the subsequent purchaser ends up not completing the ownership transfer registration under his or her name, which was intended to achieve through a provisional injunction. In regards to the countermeasures to preserve the right of the subsequent purchaser, the Supreme Court's attitude is so passive, which can bring out many problems. Hence, to preserve the right of subsequent purchaser, according to positive interpretation of Article 305 Clause 1 and 3 of Civil Execution Act, the court can issue not only a provisional injunction against disposal by subrogation in accordance with the subsequent purchaser's application but also a provisional injunction to prohibit transferer from performing on transferee. Concerning a provisional injunction, it is appropriate to acknowledge erga omnes effects by filling in the court's issuance on the register of targeted real estate and officially notifying the court's issuance.