財産分割請求權의 被保全債權性

Character of Preserved Claim of Right of Property Distribution

When a plaintiff enters an action of divorce, he requests property distribution, and his request is quoted, he can not exercises his right of property distribution until judgment become final. But defendant disposes his property during the action which should be distributed, the plaintiff can not obtain the property given by judgment. Therefore the right of property distribution of plaintiff must be protected from injuring act. To protect right of property distribution of plaintiff, character of preserved claim of right of property distribution must be investigated. Right of property distribution must be exercised when judgment become final is the same thing that abandon right of property distribution for the property which is disposed before final of judgment. Therefore, to solve this problem, property distribution must be executed by agreement, if agreement of property distribution is concluded, in divorce by agreement or judicial divorce. And claim of property distribution is instituted by plaintiff, judgment of first instance comes into existence, preserved claim of right of property distribution must be deemed.