채권자대위소송이 제기된 이후에 이루어진 피대위채권에 대한 전부명령의 효력- 대법원 2016. 8. 29. 선고 2015다236547 판결 -

Abstract

The obligee’s right of subrogation to claim the creditor started as a responsible property conservation system to secure joint security. Now, it is transformed into a system for collecting simple and actively implementing the enforcement authority that does not need the enforcement authority beyond its original area. The exercise of the obligee’s right of subrogation does not affect the eligibility of the bond to be seized. Like other creditors who did not directly seize the bonds, You can be paid in the dividend procedure only if you participate in the bond dividend procedure through legitimate and valid seizure, seizure or dividend request until the end of the dividend request. In addition, if the similarity with the seizure and collection order can be recognized in the exercise of the obligee’s right of subrogation, it can affirm the analogy of Article 229 of the Civil Execution Act. Therefore, if the creditor’s lawsuit is prohibited and other creditors compete, I can take you on the grounds that all orders are null and void.