저당권에 기한 방해배제청구와 유치권자의 대항력

• 영문명: A Right to sue an Injuction for Waste Based a Mortgage after Exclusion Defensibility of the Lien Holder
• 발행기관: 한국부동산학회
• 저자명: 장건(Jang, Geon)
• 간행물 정보: 『부동산학보』不動産學報 第47輯, 239~254쪽, 전체 16쪽
• 주제분류: 경제경영 > 경제학
• 파일형태: PDF
• 발행일자: 2011.12.23

영문 초록

1. CONTENTS (1) RESEARCH OBJECTIVES Application of the lien, because diversification is becoming more common because of the lien on the auction procedures, practices lead to many problems because of these problems and how to resolve a false lien mortgages as one of the claims of exclusion exercised by the interference of law when a review of the is required. (2) RESEARCH METHOD This study is a false way to solve the problem due to the lien foreclosed and exercised self-interference claim the exclusion if the law in order to analyze the effects of Korea and Japan are analyzed by comparing theory and precedent. (3) RESEARCH RESULTS As a result of this research building construction payment bond for land owners and to cause the lien establishment qualified construction acquired its lien, but can not resist the conclusion that the mortgage lender comes out. 2. RESULTS If the mortgage lender’s mortgage violated civil law removes the interference and disruption to exercise claims to be excluded are defined as prestigious. This set UP foreclosed mortgagor for mortgage prize act of the loss due to infringement of the rights of the mortgagor to exercise against the will should be. Therefore, the land is mortgaged, the mortgagor on a new construction exclusion for acts interfere with the exercise of claims, this may negate the effects of new construction activity would be able to attract so finalized only after the owner of the lien of the mortgage lender. but to stick it to establish will not.

목차

ABSTRACT

Ⅰ. 서론

Ⅱ. 허위ㆍ가장 유치권의 실태

Ⅲ. 저당권과 유치권의 경합

Ⅳ. 저당권자의 방해배제청구

Ⅴ. 유치권자의 불법점유 여부

Ⅵ. 유치권자의 대항력인정 여부

Ⅶ. 결론

參考文獻

키워드

유치권 경매 저당권 대항력 불법점유 a lien auction mortgage Defensibility Illegally occupied by