민법 제365조 일괄경매청구권 행사요건에 관한 일고

• 영문명: A Study on the Conditions of Claim for Bundle Auction
• 발행기관: 충북대학교 법학연구소
• 저자명: 박득배(Park Deuk Bae)
• 간행물 정보: 『법학연구』第25卷 第2號, 75~96쪽, 전체 22쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2014.12.31

영문 초록

Korean Civil Code we have maintained a system of ownership that is two yuan of dealing with land and building as another real estate. Thus, while the owner of the land and buildings are placing a variety of condolence can be scheduled to be separated, especially the bulk auction claims an important role and legal ground rights. Thus, like to consider to mitigate bulk auction billing requirements so that it can be extended to batch auction claims by dividing the requirements for owners and Chukuchoja requirements and building for the presence time of building bulk auction billing requirements I think. Even at the time of the building that has a mortgage on the land were present, or building is lost since, at that time 'mortgage set by that it has been removed, the mortgagor for the purpose of vacant land there is no building on the ground become a situation, such as in the case of', thereafter, thin building has been built, reasonable to admit the bulk auction claims of civil Code Article 365 in the case of legal surface rights for the new buildings is not satisfied will. And on third party can be prevented in bulk auction claims acceptable social and economic losses that are generated by building the construction is removed, the building mortgagor could use a third party by the construction, it is reasonable to qualify the batch auction claims that it is possible to prevent interference with the execution that may occur in the auction procedures. However, on principle, the range of the efficacy of mortgage is based on the mortgage setting contract, the third party mortgagee to are those that occur between the contracting parties mortgagor and the mortgagee I should be allowed to bulk auction claims it is determined whether or not the use of the hospital for the land that you can compete. After all, co-mortgagor after, while interpreted as all of those who the desired product was obtained that there is the burden of mortgage the mortgagor, including the building that was newly built by removal subject to collective auction claims, building owner but you would be desirable to revision in the direction of limiting the bulk auction claims of mortgagee if and only if you have a source of use for the land.

목차

Ⅰ. 서론

Ⅱ. 일괄경매청구권의 존재가치

Ⅲ. 일괄경매청구권의 행사요건

Ⅳ. 결론: 개정방향의 제시

참고문헌

키워드

일괄경매청구권 법정지상권 이원화 소유권체계 토지이용권원 저당권 Claim for bundle auction statutory superficies ownership mortgage a usufruct