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KCI우수등재 학술저널

압류와 상계

대판(전) 2012.2.16, 2011다45521 [공2012상, 444]

This case study analyzes judgment of the Grand Bench of the Supreme Court about attachment and set-off. There are many places suggested in that the judgment was deeply argued for the first time about attachment and set-off. The point of argument was not discussed so much by academic circles. However, attachment and set-off became a problem mostly in the financial transaction, and there were not few judicial precedents about it. Therefore, it is expected that many arguments will start about attachment and set-off by judgment in this case from now on. This study advances an argument from the following contents. That is, the related judicial precedent of the Supreme Court is arranged to the beginning. The judicial precedent of Japanese Supreme Court which affected the judicial precedent of the Supreme Court the second is taken up. The theory of Japanese and the theory of our country about point of argument of this study are touched the third. A personal opinion is expressed to the last about the meaning of this judgment.

[사실]

[원심의 판단]

[다수의견]

[반대의견]

[다수의견의 보충의견]

[반대의견의 보충의견]

[연구]

Ⅰ. 서

Ⅱ. 대법원 판례의 흐름

Ⅲ. 일본 최고재판소판례의 태도

Ⅳ. 학설의 주장

Ⅴ. 결어 - 사견

참고문헌

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