日本의 擔保不動産收益執行制度와 그 導入 重要性

Abstract

In 2003, japan established the secured real estate profit executive system in civil judgment enforcement law and reformed article 371 of the civil law to clarify a base of substantial law. In japan, a mortgagee′s traditional methods of redemption were the public auction procedure in civil judgment enforcement law and distress by surrogation on the secured real estate profit. but since 1990s, these two methods have proved limitation as the japan economy has lain in the doldrums. The secured real estate profit executive system is established as additional measure to cope with that problem. Now, the secured real estate profit executive system in Japan is not used actively and do mearly complementary function of the public auction procedure different from the original purpose. But in that a redemption through the public auction procedure is not always an effective and well-directed method, a complementary function of the secured real estate profit executive system can be a merit, as long as performing function properly, and from a viewpoint of diversification of method to executive of mortgage, usefulness of the secured real estate profit executive system is still. Unlike japan, a mortgagee′s method of redemption is only the public auction procedure in civil judgment enforcement law in Korea. In conclusion, in that there is the need to cope with delaying of the public auction procedure and there is no problem in an interpretation on article 359 of the Civil Law in relation to a nature of mortgage, the necessity of introduction of the secured real estate profit executive system can be recognized. However, as our article on surrogation in civil law differs from japan, when we review the need to introduce, when it comes to surrogation, there is not an actual profit to discuss. Together, when we introduce the secured real estate profit executive system in japan, matters to be attended to. First, we would use that system as complimentary measure of the public auction procedure, Second, using term, the mortgaged real estate profit executive system rather than that in japan law, and secured law system, Last, systems, applicating situations of germany, france as well as japan must be reviewed minutely. Feb. 2. 2009, the committee on an amendment of the civil law in Ministry of Justice was founded. This time, an amendment of the civil law is to be done by total 6 subcommittees. And an amendment of the mortgage system is placed on 5th subcommittee. In this amendment of the civil law, I expect that introduction of the Secured Real Estate Profit Executive System will be reviewed thoroughly.