2012년 민사집행법 중요 판례

This article intends to analyze the factual backgrounds, holdings, reasonings,implications of four judgments and one decision that are selected for their significance among twenty-five judgments and decisions of the Supreme Court of Korea with regard to the Civil Execution Act during the year of 2012. The first judgment is 2009Da16766 decided on Dec. 13, 2011 by the Supreme Court, establishing the standard of jurisdiction in case that the third debtor is a foreign state in a claim collection case. The second judgment is 2012Da70012 decided on Nov. 15, 2012 by the Supreme Court,holding that the settled execution title is justiciable for the case of objection of claims and dismissing the unsettled execution title for the lack of justiciability. The third judgment is 2011Da93087 decided on Apr. 13, 2012 by the Supreme Court, presenting the requirements of granting execution clauses to judgments and dismissing the objections of claims in the proceedings of granting execution clauses. The fourth judgment is 2011Da92916 decided on Apr. 13, 2012 by the Supreme Court, presenting the process of granting execution clauses while the court ordered the indirect execution grounded on the provisional remedies of omission and holding the violation of the obligation of omission during the prohibited period is not discharged even after the period is terminated. The fifth decision is 2012Ma300 decided on May 31, 2012 by the Supreme Court,applying mutatis mutandis the proceedings of decisions of the Civil Procedure Act to the appellate proceedings against the cancellation of the decision of attachment with regard to the objection of attachment under the complete principles of decision, distinguishing them from the trial proceedings of attachment.