2015년 민사집행법 중요 판례

A Study on Representative Precedents under the Civil Execution Act in 2015 In 2015, about 40 judicial precedents were delivered by the Supreme Court concerning the Civil Execution Act. This study selected the juridically and practically important precedents whose fact relevance, abstract of judgment, and review were analyzed in turn. These precedents include ① Supreme Court Decision 2013Da27152 decided October 29, 2015, concerning whether a single relationship of lease may be established on each sectioned store on a blanket basis according to a standard for determining the scope of tenants to be preferentially reimbursed under Article 14 of the Commercial Building Lease Protection Act; ② Supreme Court Decision 2012Da60329 decided December 24, 2014, concerning whether the right to lease on a deposit basis with counterforce in a public auction procedure under the former National Tax Collection Act may be taken over by purchasers regardless of a request for distribution, not being terminated through the sale; ③ Supreme Court Order 2014Ma2242 dated February 3, 2015, concerning whether other claims may be seized doubly if in the seizure of monetary claim the face value of a claim to be seized exceeds a creditor’s execution claim and costs; and ④ Supreme Court Decision 2013Da60982 decided July 9, 2015, concerning whether, after a garnishee repays his debt to either an execution creditor from a disposition for failure of payment or a creditor who has received a seizure and collection order from civil execution proceedings, this garnishee may be exempted from obligation by alleging the termination of his obligation on the paid portions or by depositing the amount of his debt according to Article 248(1) of the Civil Execution Act. The present study focuses on the selection, review, and introduction of the important judicial precedents in 2015 (as of the date of issue of the Publication of Cases). Thus, further studies are needed on the in-depth research and detailed comments for each judicial precedent.