배당요구종기의 법적 성질에 대한 연구

Research on the legal nature of the end of a dividend distribution application

The Civil Execution Law has established the current system of the end of a dividend distribution application, but a postponement of the end of a dividend distribution application has been allowed only under the strict requirements. In this context, it is crucial to determine whether the legal nature of the end of a dividend distribution application is observed as a directory statute or a discretionary statute. The reason why is that the observation concerns the interest of dividend demand creditors and possibly causes the conflict of interest between the preexisting dividend demand creditors and the new dividend demand creditors. The Supreme Court takes a stance that the determination of the postponement of the end of a dividend distribution application is up to the discretion of the Courts of execution. The uprising issue is that the Courts have varying degrees of requirements on the postponement of the end of a dividend distribution application which creates unfair results and complaints among the creditors. Thus, it is evident that the current Civil Execution Rule of the Supreme Court concerning the standards of a postponement of the end of a divided distribution application requires an amendment to reflect the cases. By doing so, it is respected to resolve the conflicts in auction and distribution by setting coherent standards on determining a postponement of the end of a dividend distribution application for the Courts of execution.