공동근저당에 있어서의 채권최고액의 감액

• 영문명: Reduction of the proceeds of the foreclosure sale in a blanket mortgage on roll over loan
• 발행기관: 한국민사법학회
• 저자명: 김병두(Kim, Byung-Du)
• 간행물 정보: 『민사법학』제33호, 125~160쪽, 전체 36쪽
• 주제분류: 사회과학 > 사회과학일반
• 파일형태: PDF
• 발행일자: 2006.09.30

영문 초록

Some time ago, a district court made a judgement upon the influence that preceding performance of roll over loan mortgage can have on the maximum credit amount in dividing disbursement of the proceeds of the foreclosure sale in a blanket mortgage on roll over loan in different times. According to the same, when creditor is satisfied with the preceding procedure of auction, the scope of maximum credit amount that can be divided to the creditor in the scope is reduced irrespective of whether mortgage bond is settled or not. However, in the case of blanket mortgage on roll loan composed of liquid plural roll over loan mortgage, the respective roll over loan mortgage is mutually independent before the settlement. Therefore, it can be concluded that the preceding division at division of different times which is not based on the settlement of blanket mortgage on roll over loan and thus the maximum amount is not reduced. This fact can be verified by investigating the nature and history of blanket mortgage on roll over loan and the case of legislation in foreign countries.

목차

[사실관계 및 판결요지]

[연구]

Ⅰ. 序論

Ⅱ. 공동근저당권의 적용법리

Ⅲ. 공동근저당권의 피담보채권의 확정

Ⅳ. 최고액감액

Ⅴ. 결론

키워드

공동근저당 연대성 부종성 피담보채권의 확정 채권최고액 공동저당 a blanket mortgage on roll over loan the settlement of blanket mortgage on roll over loan solidarity a mortgage exists soley as security for an underlying obligagtion and the mortgage lives travels and die with obligagtion maximum credit amount a blanket mortgage