피담보채권 확정 전 채권이전과 피담보채권 확정 후 근저당권이전등기에 관한 연구

• 영문명: A Study on Bonds Assignment and Fixed Collateral Transfer Registration of before and after Mortgaged Bond's Confirm in Real Property
• 발행기관: 한국부동산학회
• 저자명: 윤정득(Yoon, Jung Duck) 이현정(Lee, Hyunjeong)
• 간행물 정보: 『부동산학보』不動産學報 第56輯, 307~321쪽, 전체 14쪽
• 주제분류: 경제경영 > 경제학
• 파일형태: PDF
• 발행일자: 2014.02.28

영문 초록

1. CONTENTS (1) RESEARCH OBJECTIVES This research is to explore the perfection of a security interest in real property. In doing so, the relevant legal codes in both civil law and property law are examined to investigate the disparate provisions of the applicable code. (2) RESEARCH METHOD The main method adopted in this research includes the analysis of substantive cases as well as a codified set of laws. (3) RESEARCH FINDINGS Since perfection of a security interest is highly advised and commonly arises, it's of importance to record security interest against a designated real property. In doing so, a security interest is registered, and it wouldn't be granted or take effect until notice is given to a property owner or often to a relevant third party. The aforementioned provisions aren't stated in civil law, so it's not feasible to check whether the particular real property is encumbered or not, which fails the lodgment of a security interest. 2. RESULTS The research findings address legal flaws in secured lending, and make suggestions as follows: Firstly, civil law acknowledges that registration of security interests in asset based lending is in effect permitted immediately after a debtor is informed. Secondly, the rights of a creditor cant be transferred until notice of the assignment is given. Therefore, it's significant that details in registration are adquately recorded in order to enforce the rights of real property in an appropriate fashion that prevents a legal malpractice claim.

목차

ABSTRACT

Ⅰ. 서론

Ⅱ. 근저당권의 특질과 피담보채권의 범위 및 양도성

Ⅲ. 피담보채권 확정 전ㆍ후의 근저당권이전등기

Ⅳ. 피담보채권 확정 전ㆍ후 근저당권이전등기 시의 개정 방안

Ⅴ. 결론

參考文獻

키워드

부동산 근저당권 피담보채권 부동산등기 채권자 real property security interest legal lien registration creditor