허위·가장유치권의 문제점과 유치권등기의 필요성

• 영문명: A Study on Problems Compulsory Execution of a Line and Improvement of Public Notice Function in the Line Act
• 발행기관: 대한부동산학회
• 저자명: 장건(Jang, Geon) 서진형(Seo, Jin-Hyeong)
• 간행물 정보: 『대한부동산학회지』제34호, 207~228쪽, 전체 22쪽
• 주제분류: 사회과학 > 지역개발
• 파일형태: PDF
• 발행일자: 2012.06.30

영문 초록

Civil Enforcement dividend requirements, such as creditors, as performed to a boil after the auction date as changes to the previous auction participants in an auction sale prior to the date determined under the conditions by participating in the auction real estate auction is considered safe by reducing the risk that the recognition While it is true that the spread in real estate auction process right to a person who claims a lien - creators of reported problems have been raised. Therefore, the lien position with respect to the financial institution or the buyer is almost unavoidable. Occupied since the incomplete disclosure AR discount method and the current civil execution law Enforcement procedures are organized almost won that case in this hearing submission, not only because the formal establishment of a lien status and authenticity of legitimate receiver would never know whether or not easy This is because the. Practice because of this auction process are derived from the lien on the many problems with him specifically about the measures that need to be reviewed. Therefore, this specification is going on in the court practice on the fake and the most common problems and Enforcement of lien processing of won, and what about this review and the Action Plan, legislative about him and look at what is the solution. And after reviewing the problems of working in real estate liens need to introduce a registration system, and by virtue of the establishment of a lien established by separating the real rights recognized through the ranks by virtue of the argument after reviewing the problem of it through a new interpretation of the lien in the center of the lien system and look to improve.

목차

Ⅰ. 서설

Ⅱ. 허위·가장 유치권의 문제점

1. 법원실무상의 실태

2. 권리신고서 제출의 문제점

3. 허위·가장 유치권의 악용

4. 검토

Ⅲ. 허위·가장 유치권에 대한 대처

1. 실무상 조사확인

2. 법적인 조치

Ⅳ. 유치권등기제도의 도입

1. 유치권소멸의 필요성

2. 공시방법의 부적절

3. 담보물권자의 권리침해

4. 유치권등기의 필요성

5. 입법적 해결

Ⅴ. 결론

키워드

Lien Defensibility Registration of the Lien Possessory Mortgage.