2013년 민사집행법 중요 판례

During the year of 2013, the Supreme Court handed down about twenty (20) casesinvolving the area of civil execution law. This paper selects some important cases out of thesetwenty cases that are deemed important in terms of legal theories and practical concerns anddiscusses them in the order of: (i) facts; (ii) holding; and (iii) critical review. The selected cases involve the following issues of: (1) whether the law suit by the debtor isimproper, when the debtor seeks declaration of no liability with respect to a notarized debt [Sup. Ct. Sungo 2012da108863, May 9, 2013]; (2) what to do when the final judgment amount is lessthan the amount provisionally preserved, and how much of the additional allocation amount may begranted, if any [Sup. Ct. Sungo 2011da75478, June 13, 2013]; (3) whether or not the lessee of apriority claim must make a separate request for distribution, when he has moved for aninvoluntary foreclosure [Sup. Ct. Sungo 2013da 27831, November 14, 2013]; (4) whether a partition by foreclosure can be obtained over a unregistered structure that has been built with no permit orreporting [Sup. Ct. Sungo 2013da 69190, September 13, 2013]; (5) how to define multiple claims tobe attached in a case involving pre-suit attachment of an obligation [Sup. Ct. Sungo 2013da 38394,November 15, 2012]; and (6) whether the status of a third party debtor is transferred, if theattachment has already been executed, while the status of lessor is transferred when the leasedhome is sold while the claim for deposit has been provisionally preserved [Sup. Ct. Sungo2011da49523, per curium, January 17, 2013]. As this paper makes an attempt to review selected important cases from 2013, the deeperreviews and comments on individual cases shall await future articles by other scholars.