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A Discussion on some practical issues for the coordination of rights under the Civil Enforcement Act

  • Legal Theory & Practice Review
  • Abbr : LTPR
  • 2019, 7(1), pp.371-391
  • Publisher : The Korea Society for Legal Theory and Practice Inc.
  • Research Area : Social Science > Law

김창식 1

1(재)한국행정자치원

Candidate

ABSTRACT

When a mortgage was established in a leasehold right, it was discussed whether the value of the mortgage was effective in the disclosure (the right to claim the dividends of the treasurer) in the auction procedure. In case of injunction of prohibition of disposition on mortgage, I also discussed whether the disposition prohibition injunction is effective on the amount of money (dividend payment right of mortgage lien) allocated to mortgagee in the auction procedure. Furthermore, in the case of foreclosure of a counterclaimed security in a mortgage, it was discussed whether the amount of the seizure effected to the mortgagee was distributed to the mortgagee in the auction procedure (the right of the mortgagee to pay dividends). If the execution claim is seized, the effect on the auction procedure and whether the seizure of the executive creditor is effective (whether the dividend is distributed to the executor creditor), if so, how to get it.

Citation status

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