假登記擔保에 관한 硏究 = A study of Provisional Registration Security

부동산 권리 보전을 위한 가등기담보제도를 연구했다.

Provisional registration is the real estate right or when you preserve a right of claim and the real estate right lease for the purpose of change, you need it. It is registration when those claims are or it is confirmed We can see that provisional registration security has yet to acquire a real right, but sooner or later it is to set up order preservation to whom can get the position to acquire a real right and ensure the position.

it is one of the irregularity securities that generated spontaneously in breaking from intricacy and non-economic efficiency of auction procedure when we have a typical security system executed. In accordance with coming out these irregularity security, provisional registration security law for regulating becomes effective from January 1st 1984, the year next, which protects wicked creditors from profiteering.

It is a special law to protect debtors or subordinated rightful persons 1983, 12, 30 " the law of provisional securities" In the application of provisional security law, the most complicated point is expected that incompatibles between formation and reality in regulating provision which is provisional security- centered and applies in this case to regulate general stuff of irregularity securities. Futhermore, even a judicial precedent is going to halve the meaning of establishing provisional security law in case of following the theory of the past. A security right of provisional registration becomes effective and has function within the legal limit under protection of the economical weak and preservation of transaction order related to the civil law, article 607 and 608. It guarantees the position of debtors for them in order to apply original registration, only if some periods pass, to notice debtors liquidation amount or it is compatible that there is two ways of auction and an direct acquisition of the object property by paying off to whom has a security right. Even though it puts a premium on preparing procedure for them to settle down rationally controversy about liquidation amount, this security right of provisional registration is so complicated that debtors becomes in trouble satisfying credit as the same way in the past.

Moreover a person who has a security right has to impose the liquidation amount In the course of legislation, because of the protection of debtors and subordinated rightful persons which is inclined to a negative way of provisional registration security, it shrinks actually promptness and simplicity which was a strong point of provisional registration security. As a result, in the existing law of provisional registration security provisional registration security is questioned whether it is more convenient or not to collect credit instead of auction procedure of mortgage.

Therefore, it is expected that the economic weak has vicious circle in the search for new irregular security way. With the enforcement of provisional registration security law, we hope that creditors and debtors together get a win-win solution which was features of security of provisional registration, the way of simple collecting credits thanks to a new judicial precedent and theory.

ABSTRACT = i 제1장 序論 = 1 제1절 硏究의 目的 = 1 제2절 硏究의 範圍및 方法 = 2 제2장 假登記擔保의 意義및 法的性質 = 3 제1절 假登記擔保의 意義 = 3 제2절 假登記擔保의 法的性質및 社會的機能 = 4 1. 假登記擔保의 法的性質 = 4 2. 假登記擔保의 社會的機能과 通有性 = 10 제3절 假登記擔保와 抵當權 = 12 제3장 假登記擔保의 設定및 移轉 = 14 제1절 假登記擔保權의 設定 = 14 1. 假登記擔保契約 = 14 2. 假登記 = 19 제2절 假登記擔保權의 移轉 = 20 제4장 假登記擔保權의 效力 = 22 제1절 假登記擔保權의 效力範圍 = 22 1. 被擔保債權의 範圍 = 22 2. 目的物의 範圍 = 24 3. 物上代位 = 24 제2절 對內的效力 = 25 제3절 對外的效力 = 26 제4절 假登記擔保權의 消滅 = 27 1. 一般的인 消滅原因 = 27 2. 假登記擔保權의 抹消請求權 = 27 제5장 假登記擔保權의 實行 = 29 제1절 假登記擔保法施行이전의 實行方法 = 30 제2절 權利取得에 의한 實行 = 31 1. 實行의 通知 = 31 2. 淸算 = 33 3. 所有權의 取得 = 36 4. 實行節次衛反의 效果 = 37 제3절 競賣에 의한 實行 = 38 1. 私的實行의 禁止 = 38 2. 競賣請求의 要件 = 39 3. 競賣請求의 效果 = 40 제4절 競賣節次에 있어서 配當參加 = 40 제6장 假登記擔保權者와 他物權者와의 法律關係 = 43 제1절 先順位擔保權者의 地位 = 43 제2절 後順位權利者의 地位 = 43 1. 後順位權利者의 意義 = 43 2. 法제6조 제1항의 通知를 받은 後順位權利者