채권집행에서의 청구금액과 압류범위의 의미

The principle of prohibiting excessive seizure is applied when many bonds are seized for the same claimed bond. In practice, measures are taken on a regular basis to avoid excessive seizure, whenever many bonds are seized for the same claimed bond. The main measure is to match the amount of claim with the total amount of seized scope defined by each seized bond. If ‘the claimed bond and claim amount’ and ‘the seized bond and the seized scope’ are established through these measures, the process of dividends is eventually opened by the number of the seized bonds. The creditor would then participate in each dividend process in full claim amount and receive each dividend by the seized scope from the deposit, resulting in full satisfaction of the claim. However, the practice see the seized scope set to avoid excessive seizure as the claim amount. The practice, however, do not meet the meaning of the claim amount and the seized scope as well as the creditor's intention. This is because the seized scope cannot tell the make-up of the claimed bond and the dividend may be reduced to a lesser extent than receiving dividend based on the claim amount. In addition, the practice causes some problems in the seizure and dividend. This practice appears to be due mainly to misconception about common expression that specify the seized scope and to the composition of dividend sheet. Therefore, it is necessary to interpret the common expression on the premise of the concept of the claim amount and the seized scope, and to prepare a device on the dividend sheet that could result in the seized scope being the upper limit of the dividend. That would naturally solve the problems of the practice.