가압류와 압류의 효력 -처분금지효와 개별상대효를 중심으로-

Abstract

The effect of injunction occurs as to the obligor, when the court order of provisional seizure is executed. Therefore, the obligor forfeits the right to dispose of the property subjected to the provisional seizure, and the right to dispose of the property is transferred to the State. There are two distinctive theories with respect of the relative effect of the provisional seizure: the one is the theory of relative effect of proceedings under which the obligees who have participated later in the proceedings of provisional seizure while the proceedings of execution based on the provisional seizure continue may deny any act to dispose of the property committed after the provisional seizure was executed by invoking the injunctive effect of provisional seizure; and the other is the theory of individual relative effect under which the only obligee who is entitled to claim the injunctive effect of provisional seizure is the obligee who initiated the proceedings of provisional seizure.