민법 유치권 개정 법률안 중 저당권설정청구권에 관한 소고

Abstract

The current real estate lien is a lien system is damaging, despite not being published on the register that can not result in effect priority to receive reimbursement predict a third party. In addition, the lien while others who exercise a lien over the occupied real estate and failed to use the revenues to reduce the social and economic utility problems have been pointed out. Therefore, but to limit the scope of the lien system, to limit the lien creditor protection was provided for such claims to recognize the mortgagor for its position weakened creditors. Other legislative wil lto improve and complement some of the deficiencies of the current system appears operational. But did not have the legal means to enforce the lien set point, that contrary to the current mortgage property law order by giving retroactive effect on mortgages set up by the unregistered real estate liens party mortgagor claim, which results in the conspired creditors and owners of the intention to cause damage to a third party mortgagor or mortgagor lawsuit that claims that there is a risk that you frequent, the other side of the mortgagor claims of creditors, including registration o freal estate costs by defining a “property owners” will result in an outcome that recognizes the right to bring an action in a court, unregistered real estate liens and challenges to be discussed in the legislative process issues such as the future of the real estate registration expenses, such as creditors and equity. The need to go through a more careful is considered that legislation in order to solve these problems.