일본민법상 유치권자의 경매신청권에 관한 연구

Abstract

Japanese civil law, civil law, such as liens, we SNL independent restriction of water rights as collateral, in that regulation is most similar to our Civil Code. Makers and attract the general creditors to participate in dividends as the position of us and it looked like nothing. In addition, when comparing only the Civil Code provisions on, concerning the exercise of our lien Civil Code (Article 320 paragraph 1 of Section), as defined in the 'securities' has no provisions for (Japanese Civil Code Section 295 trillion Section 1), possession is illegal If due to acts do not allow the establishment of a lien (Japan Civil Code Section 295 trillion), more or less as there is a difference in the expression is almost similar on. In addition to attracting direct owner of the auction rules, we apply the Civil Code Article 322 paragraph 1 of the regulations in section, and the Japanese Civil Code Article 295 in Group seems to be no direct regulations. However, evidence about him as our Civil Execution Law Procedure Act Section 274, as Joe and Japanese Civil Execution Law is based on the provisions of Article 195. In Japan, the Japanese Civil Code Article 297 regarding rights in Group received the first fruit to recognize the liquidation, but directly against the lien does not recognize the first reimbursement. Licensee also attract non-debt auctions or if you are applying by the lien exists on top of real estate liens on real estate by the enforcement provisions that its effect does not apply in the loss of the lien of the bonds acquired by Buyer to Indemnify liability (Japan Civil Execution Law Article 59 Section 4) a thing to South Korea's Civil Execution Law (Article 91 Paragraph 5) and can be seen equal. Thus, in this case, the targets in the auction process to repay the lien with the de facto first seems. In Japan, the right to apply for the auction of licensors to attract the general lien and execution of the execution thereof by the example of documents that prove the existence of liens by the suffice as a Japanese Civil Execution Law Article 4 Paragraph 1 Article 181 trillion number apply, While suggesting that the views, judgments, costs, etc. There is also an opinion. Real estate auctions in Japan and the Japan Civil Execution Law pursuant to Article 59 arguments, but takes care if the number of liens filed by the auction theory by taking care of the destruction has been recognized the need for dividends. Seole period, according to two liens enforceable even in the auction process, and looks like a lien running has been recognized as a dividend requirements. Sale conditions, the argument takes care admission requirements in the case of dividends do not have a choice to admit, this theory is the perspective of the Japanese prime set.