피담보채권의 양도성과 근저당권의 관계

Abstract

The Relationship Between Assignment of Claim Secured and Floating Sum MortgageLee, Sung - Sam/ Jung, Hae - SangAssignment of claim secured with floating sum mortgage needs the transfer registration. Without the transfer registration of floating sum mortgage, it is only assignment of claim.If the obligee assigns a portion of claim secured, the floating sum mortgage will be quasi-coownership. this theory is not only reasonable in case of the claim secured fixed, but also in case of the claim secured unfixed.However they need the safe ratio of the right. The Assigned portion of floating sum mortgage demand division of the transfer registration or quota share. This problems are not in Civil Law, but in amendment of Registration of Real Estate Act.In side of the personal contract, it is reasonable that the claim secured with floating sum mortgage is fixed in succession. But the merger or division of juristic person is the reverse.