一括競賣請求權의 擴大

• 영문명: Expansion of blanket auction right to claim
• 발행기관: 한국재산법학회
• 저자명: 陳相旭(Jin Sang Wook)
• 간행물 정보: 『재산법연구』財産法硏究 第25卷 第2號, 103~133쪽, 전체 31쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2008.10.30

영문 초록

  The blanket auction prescribed in Article 365 of the Civil Code provides a mortgagee with the right to claim an auction for the land, together with the building, if the building was constructed following the settlement of mortgage. The essential requirements for establishing such blanket auction are as follows. Firstly, the building in question must be constructed before mortgage is established on the land in question. Secondly, the mortgagor must construct the building in question and must own it. Theories and judicial precedents have so far been created by strictly interpreting the essential requirements of blanket auction.
  However, this thesis intends to discuss an interpretation based on stretching such requirements. The statutory superficies will not be established where joint mortgage is established on the land and building and the owner is separated by an auction. For this reason blanket auction should be made legally available. The blanket auction can also be made legally available where the building has been constructed or owned by a third party and even if other than the mortgagor does not own it at the time of such auction.

목차

Ⅰ. 序言
Ⅱ. 민법 제365조의 一括競賣請求權
Ⅲ. 一括競賣請求權의 擴大適用
Ⅳ. 結語
참고문헌
〈Abstract〉

키워드

일괄경매 일괄경매청구권 과잉경매 상호배척관계 민법 제365조 공동저당 법정지상권 blanket auction blanket auction right to claim joint mortgage Article 365 of the Civil Code statutory superficies