초록 열기/닫기 버튼
A judicial security deposit is being made for trial to guarantee the damage the other party will receive due to the litigation act or provisional disposition. The Civil Procedure Act stipulates that the security right holder has the same right as the pledgee on the security (Article 123 of the Civil Procedure Act), and this applies to the Civil Execution Act (Article 19 of the Civil Execution Act). At this time, in relation to the nature of the security right, there is an opinion that the security right holder has the right to pledge bonds on the right of the security obligor to claim the recovery of the deposit. However, this view is insufficient to protect the security right holder's rights, such as requiring a complicated procedure for the execution of the security right. Furthermore, in the regulations on the withdrawal of payment of collateral deposits (Administrative Regulation No. 952), it is rather confusing in understanding the nature of security rights as both the method of requesting direct withdrawal for deposit and seizure procedure for the execution of the pledge are recognized. The seizure procedure for the execution of the pledge shall be recognized only when the purpose cannot be achieved by the method of exercising the direct withdrawal right. But it is confused that this regulation allows all the method of requesting direct withdrawal for deposit and seizure procedure for the execution of the pledge. The reason why the provisions of our law stipulate that the depositor gave the same right as the pledgee to the security provided by the depositor in the trial security deposit means that the right to claim the collection of the deposit is established. Therefore, the security right holder, who is the trustee, has the right to claim preferential withdrawal from the deposit(direct claim right), and this right must be understood as the purpose of the security right. This interpretation is considered to be consistent with the purpose of recognizing the security right to the security right holder for the object deposited as a security deposit in court.
키워드열기/닫기 버튼
judicial security deposit, the right to claim recovery of the deposit, statutory pledge, direct claim right, cancellation of the judicial security deposit
