抵當目的物의 範圍

Abstract

There is an important purpose for the mortgagee to receive the priority from an exchange value of the whole mortgage objects. So the scope of mortgage objects is equal to the scope of ownership. A mortgagee has the priority about the joint objects of mortgage real estate. For example in case of the settlement of mortgage on the building, the effect of mortgage affects attached storehouse. Those joint objects contain the attached storehouse however it may be to made before or after the settlement of mortgage. The opinions are the popular view and the precedent. But in the case of enlargement of a building, if the attached building is separated from the main building, the effect of mortgage does not have an affect the separated part. The effect of mortgage has also an affection on the accessory thing. For example, a man has the mortgage on the fruit garden, whoever does not urge the priority about the storehouse, so called the accessory thing. In conclusion, the mortgagee's right has affect on the joint building and the accessory thing and the natural fruit and legal fruit etc.