전세권의 법적 성질

Abstract

Someone asserts, because of the Special Act that give the righter an authority to have a right to preferential payment of a security deposit, Chonsegwon are not frequently available for. Accordint to statistics(2006-2010) of Supreme Court, the ratio of restricted real right registration is about 25% to the all registration of real estate,and the ratio of Chonsegwon registration is about 5% to the restricted real right registration. For 5years the ratio was stable. After the Amendment of Civil Law §303 by 1984, Chonsegwon had the right to preferential payment. Therefor the three theories for the legal nature are presented ;special use-benifit real right, real right granted by way of security, having both theory. This theories based on the division real right into to parts. In order to define exactly the legal nature, we must to have the division real right into three parts. I want to call it the third part as "Yongikdambomoolgwon". Chonsegwon has two shapes externally : use or security. Either use or security is according to the party's choice. In the current Act and subordinate statute, use-benifit real rights and real rights granted by way of security are finded several times. As a result of research about the belonging of Chonsegwon to whether use-benifit real right or real right granted by way of security, both rights exit in the Acts and subordinate statutes nearly the same. Especially the supreme court rules about registration of real estate have 'Yongikgwon' and 'Dambogwon' terms. This terms are not used in precedent rules(civil code, Act of registration of real estate). Therefore these must be amended.