물상대위권의 행사와 배당요구

Abstract

A pledge may also be exercised against money or other things which the pledger is entitled to receive by reason of the loss, damage or expropriation of the pledged article. In such case, an attachment must be levied thereon prior to their payment or delivery. Articles 342 shall apply mutatis mutandis to mortgages(§342, 370). A Study on the Exercise of Pledge against Things Other than Pledged Articles much studied theory of analysis of attachment concept in the §342. This Problems has complicated legal relation between Mortgagee's, Mortgagor's, Garnishee's, Third person. Analysis of Exercise of Pledge against Things Other than Pledged Articles must studied essential or teleological analysis. When the property mortgaged has been destroyed by reason of the loss, damage or expropriation, Claim Secured of Mortgage ideologically exists on the subrogated credit. For that reason, I support majority opinions and precedents about the concept of attachment. Any creditor who has a claim for preferential payment under the Civil Act, the Commercial Act, and other Acts, or who has an executory exemplification, may file a demand for distribution with a court by not later than the time falling under any of the following: 1. When the garnishee has filed a report on the deposit under Article 248 ④. 2. When the creditor has filed a report on the collection under Article 236. 3. When the execution officer has submitted the encashed money to the court(§247 ①). In this case, Civil Execution Act §247 provides that finish time of Demand for Distribution. But, Legal Status of creditor for Exercise of Pledge against Things Other than Pledged Articles should be considered the status of real rights in the process for the Demand for Distribution.