압류의 처분금지효와 유치권의 대항력 - 대법원 2014. 3. 20. 선고 2009다60336 전원합의체 판결 -

This article is a case comments on the injunctive effect of attachment and the counterforce of a lien. There are practically many criticisms about a subcontractor's lien of a real property. The majority opinion of The Supreme Court takes the position that, if a debtor transfers possession of a real property to a subcontractor and lets a subcontractor acquire the right to retain it after provisional seizure attachment or attachment of property, such transfer of possession should be regarded as an acceptable acts, therefore the holder of the lien can claim its preference over the buyer in a real property auction process. The main context of this comments are as follows :In Chapter 1. I presented the purpose and scope of the comments. In Chapter 2. I studied the requirement and restriction of the lien. In Chapter 3. I studied the injunctive Effect of Attachment. In Chapter 4. I investigated the injunctive effect of attachment and the restriction of the lien through a time of possession. In Chapter 5. I commented this case.