채권자대위권과 대위등기 - 부동산등기법의 구조를 중심으로 -

Abstract

This paper begins with the ideas expressed by the subrogation right of a creditor originated from the French Civil Code. Even though we adopt the subrogation right of a creditor from the French Civil Code, we have been worked this legal system our own way. To be specific, we have used this system as the register of subrogation based on the Land Registration Act in Korea. The main purpose of this article is to develop contemporary analysis around the subrogation right of a creditor and register of subrogation based on the structure of the land registration system in Korea. There are some differences between Korea and French's subrogation right of a creditor. The main reason of these differences results from the our legal system, especially land registration system. We have a Claim for Registration to solve theoretical problems in relation to real property issues. This Claim is originated from the our joint application system in the Land Registration Act in Korea. Claim for Registration is a practical right that the Holder of the right of registration require the Obligator for registration to apply a right in Land Registration Act. This right is subrogated by the subrogating creditor and it is realized by the registration procedures. The provisions of Land Registration Act provide specific contents of these procedures. The subrogation right of creditor, especially register of subrogation, is founded by the structure of the land registration system in practical and Claim for Registration theoretically. The provisions of register of subrogation is exception of joint application system but its structure is basically based on Claim for Registration. Within the particular field of Claim for Registration, the subrogation right of a creditor is mainly influenced by the structure of our land registration. It reveals that this structure is different from the French land registration system and the subrogation right of a creditor in Korea has been developed by our own legal system.