한국전세권제도의 발전방안

• 영문명: Leasehold rights system of korea development plan -focusing on usufruct strengthening of leasehold right system-
• 발행기관: 원광대학교 법학연구소
• 저자명: 김대규(Kim Dae Kyoo) 황충현(Hwang Chung Hyun)
• 간행물 정보: 『원광법학』제29권 제4호, 119~138쪽, 전체 19쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2013.12.30

영문 초록

When the Korean Civil Law was legislated, the right to claim auction in leasehold was evidently stipulated but the right to preferential payment was not. hence, many viewed that leasehold right is not recognized to be the same with the right preferential payment as a real right of usufruct. However, after the amendment of the Civil Law, the tight to preferential payment was granted to leasehold right, so now a theory that possesses both a real right of usufruct and real right granted by way of security is gaining consent from the majority. In Chapter 6 of the Korean Civil Law, A regulation regarding leasehold right, and some other provisions were stipulated in line with the real right granted by way of security. So, civil law scholars have been studied by focusing on the real right granted by way of security of leasehold tight and the subject of papers have been on the real right granted by way of security of leasehold right. Considering that the regulation regarding real right granted by way of security of leasehold right needs to be actively promoted. However, given the fact that a real right of usufruct has equal authority with the real right granted by way of security of leasehold, the research regarding a real right of usufruct is crucial. Under this consideration, research on strengthening method regarding real right granted by way of security of leasehold is still lacking. Therefore, this paper set out how to strengthening real right granted by way of security of leasehold right as one of the development methods of leasehold right.

목차

Ⅰ. 서언

Ⅱ. 민법상 전세권의 강화

Ⅲ. 민사집행법상 전세권의 강화

Ⅳ. 결어

참고문헌

ABSTRACT

키워드

민법 전세권 경매청구권 우선변제권 담보물권 Civil Law Leasehold rights claim auction the right preferential payment real right granted by way of security