저당권의 물상대위의 한계 - 저당목적물의 멸실 후 축조된 무허가건물을 중심으로 -

Abstract

Subrogation is system for protecting a security right. Subrogatio of mortgage is that mortgage may exercise his subrogation right to the money or things which mortgage is entitled to receive by reason of loss, damage or public levy of the thing mortgaged. But if a debtor, an owner of the mortgage object damage that by oneself, he does not have the reduced object that is something like a damages. Then a mortgagee forfeits preferential settlement right. The purpose of mortgage is the system to guarantee preferential settlement right of a mortgagee. Then it gets subrogation. But the object of subrogation must be the reduced object that is a connection damage and the reduced object, here it may be asked whether a new-built house get to be the reduced object. If a new-built house presume the reduced object, connect the dot that is to come up to a purpose. However, if the object do not get to be the object of execution, a mortgagee does not acquire preferential settlement right. Accordingly, if no permit built house get to be a object of execution, a mortgagee will be guaranteed preferential settlement right.