집행증서의 대상범위 확대에 관한 재검토

초록

Regarding the subject of the deed of execution, prior to the partial revision of the Notary Public Act in 2013, it was limited to claims for the purpose of paying a certain amount or a certain number of substitutes or securities(Civil Execution Act 56.4). In other words, a deed of execution was not recognized for a claim for the purpose of payment of a specific non-substitutable property, such as a request for delivery of land, buildings, or movables. Thus, discussions on expanding the scope of the deed of execution continued, but with the partial revision of the Notary Public Act on May 28, 2013, Article 56-3 was newly established in the Notary Public Act, allowing legal acts concerning the delivery of buildings, land, and specific movables. The scope of the deed of execution was partially expanded so that the deed of execution could be drawn up even in case of execution. In this way, although the scope of the deed of execution is partially expanded in 2013, several problems are pointed out in its legislative evaluation. And in practice, its use is not as active as expected. Therefore, this article examines the situation of additional discussions on the expansion of the scope of the deed of execution after 2013, and reviews future tasks. I think that the deed of execution should be drawn up without any special restrictions or regulations with respect to claims for the purpose of delivery or return of land, buildings, or movables, and for its vitalization, it is necessary to leave the responsibility and attitude to the notary public while deleting the detailed additional restrictions or regulations in the Notary Public Act and the Enforcement Decree of the Notary Public Act. In addition, in expanding the scope of subjects, the importance of the notary public's active role and the division of roles with the court were emphasized.

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