한국전세권제도의 발전방안 -전세권의 용익물권성의 강화를 중심으로-

Abstract

When the Korean Civil Law was legislated, the right to claim auction in leasehold was evidently stipulated but the right to preferential payment was not. hence, many viewed that leasehold right is not recognized to be the same with the right preferential payment as a real right of usufruct. However, after the amendment of the Civil Law, the tight to preferential payment was granted to leasehold right, so now a theory that possesses both a real right of usufruct and real right granted by way of security is gaining consent from the majority. In Chapter 6 of the Korean Civil Law, A regulation regarding leasehold right, and some other provisions were stipulated in line with the real right granted by way of security. So, civil law scholars have been studied by focusing on the real right granted by way of security of leasehold tight and the subject of papers have been on the real right granted by way of security of leasehold right. Considering that the regulation regarding real right granted by way of security of leasehold right needs to be actively promoted. However, given the fact that a real right of usufruct has equal authority with the real right granted by way of security of leasehold, the research regarding a real right of usufruct is crucial. Under this consideration, research on strengthening method regarding real right granted by way of security of leasehold is still lacking. Therefore, this paper set out how to strengthening real right granted by way of security of leasehold right as one of the development methods of leasehold right.