압류의 상대적 효력

Abstract

In this paper, I examine the effect of attachment again. I made reference to this problem in this journal, in the year of 2001 already. But the reason that I mention this problem again is related the theoretical change about this problem. When the attachment of real property comes into effect, debtor can't dispose the property no more. Namely debtor's disposal capacity is restricted, and this duty of restriction of transform must be kept, but sometimes debtor discharge this duty. If debtor violates this duty, some doubts that the legal effect of this violation are occur. About this problem, general opinions and judgment have followed, so called, the individual-relative-nullity theory. And they adopted the absorption-after-portional- distribution theory in the distribution stage also. But I have my fundamental doubts about this major opinions. That doubts tend to the individual-relative-nullity theory, and I want to emphasize the process- relative-nullity theory for the taking reasonable conclusion. I think this traditional theory must be amended. The basics of my opinions are the paragrph 3 and 4 of article 91, and subparagraph 4 of article 148 of the civil execution act. But article 88 of the civil execution act, and article 155 of enforcement rule of the civil execution act can not be the basics of the process-relative-nullity theory, I think. About the effect of attachment, the civil execution act is differ from the civil procedure act which was enforced before 2002.