2024년 민사집행법 중요판례평석

This thesis analyzes the major Supreme Court decisions in the field of civil execution law handed down in 2024. The Civil Execution Law, along with the Civil Procedure Law, is a core area of ​​law for civil dispute resolution procedures, and regulates procedural means for realizing substantive rights. In this paper, among the civil execution law-related decisions handed down in 2024, six judgments and decisions with significant legal and practical significance were selected, and an overview of the cases and decisions were organized and an analysis of them was presented. The main case law covers ① the burden of proof for claims subject to seizure (deposits necessary for the debtor's livelihood) under Article 246, Paragraph 1, Item 8 of the Civil Execution Act, ② whether a debtor in a concurrent execution judgment can assert the creditor's failure to fulfill the obligation to oppose as a reason for objection in a lawsuit for objection to a claim, ③ the legal nature of the period for submitting a statement of reasons for appeal under Article 15, Paragraph 3 of the Civil Execution Act, ④ a claim for delivery of a substituted object and a claim in preparation for its impossibility of execution, ⑤ proof of the requirements for opposing the assignment of a mortgaged claim in a voluntary auction procedure, and ⑥ whether the statute of limitations applies to ancillary claims when only the principal is stated as the amount of the seizure claim. In the main text, by examining the specific cases and legal principles of each case law in detail, the Supreme Court's position on the relevant issues is clearly analyzed and its validity is evaluated. In addition, I also reviewed how the logic and conclusion of the case law are in harmony with the basic principles and procedural characteristics of the Civil Execution Act. Considering that the Civil Execution Act is an important area that encompasses the beginning and the end of civil dispute resolution procedures, I expect that various case laws related to the Civil Execution Act will be published in 2025 and that active research will be conducted on them.