[가처분이의][공1999.5.15.(82),851]
Whether a creditor may exercise a creditor's subrogation right to preserve a claim for division of property by divorce (negative)
The right to claim a division of property due to divorce shall not be considered to have the right of subrogation until the specific contents are formed by consultation or adjudication, because the scope and contents of the right are unclear and unclear. Therefore, the right of subrogation cannot be exercised to preserve the right of subrogation.
Articles 404, and 839-2 of the Civil Act
Applicant
The Korea Security Industry, Inc.
Seoul High Court Decision 98Na10979 delivered on October 20, 1998
The appeal shall be dismissed. The costs of appeal shall be assessed against the applicant.
The grounds of appeal are examined.
The right to claim a division of property due to divorce shall not be deemed to have been specifically entitled because the scope and contents of the right are unclear and unclear until the specific contents of the right are formed by consultation or adjudication. Therefore, in order to preserve the right to claim a solatium, it is not possible to exercise the right of subrogation, and even in case where the right to claim a solatium is a preserved right, it is not necessary to preserve the right
The judgment of the court below to the same purport is just and there is no error in the misapprehension of legal principles as otherwise alleged in the ground of appeal.
Therefore, the appeal is dismissed, and the costs of appeal are assessed against the appellant. It is so decided as per Disposition by the assent of all participating Justices.
Justices Jeong Jong-ho (Presiding Justice)