건축공사 수급인의 건물부지에 대한상사유치권의 성립가능성과 효력의 범위에 관한 소고

Abstract

Our legislative system admits a building and a building site as real estate separately. Owing to it, thougha contractor of contract for construction work implements a lien on the building for default, he or shecan't reject the demand of rendering up it because of not having the right of lien on the site and it wouldbe difficult to fulfil contractor's rewards on performing of a contract for building. So it is necessary to admit the right of lien on the building site. When it comes to a commercial lien,it doesn't require a link between a bond and occupation of its object and needs to occupy the object bycommercial actions. Before the building isn't completed, a contractor don't have the right of occupation on the building, soa commercial lien can't be admitted the right of occupation on the site. But it should be admitted aftercompleting building because if a contractor fulfils his contract, he or she owns the building beforetransferring it. If there are restricted real rights on the building site, a commercial lien can't take priorityon them for safety of transactions