假登記擔保에 관한 硏究

가등기담보 제도의 문제와 채무자 보호를 연구했다.

The security system of provisional registration is an irregular one originated from the desire that the complexity and inefficiency of a typical security system in carrying methods should be removed, but this system has caused a social criticism that it gives debtors a big damage, who are the weak in economics whereas it gives the creditors a big profit by the way of provisional registration completion combined with the composition before lawsuit for the purpose of ownership acquisition.

The provisional registration of which conception and its theory have been established through cases was enacted and anounced as a law of provisional registration security after its legislation had been discussed in two opposite opinions. The discussion about provisional registration security has been developed in the context of protecting the debtors from the creditors' tyranny only, but the possibility that a severe restriction of this spontaneous system could affect debtors has been neglected. To protect debtors form the creditors tyranny is a preferable thing, but too complex restriction may bring some evils like the following.

The creditors don't want to provide the debtors with the available financial benefit under such a tight restriction. As a result, the debtors may lose the chance to get an easy financial benefit and an another irregular security system may emerge. The over-all development of social finance system and complementing of the problems which this law includes in it should be done for the current law of provisional registration security to be an useful law coincided with the purpose of enactment. If it is completed so, the system of provisional registration security could provide the needy common people with a financial benefit in the private financial transaction.

In addition, the emergence of an irregular security system should be restricted.