不動産 留置權의 成立과 效力

The right of real property retention is the one which means we can reject to transfer the target real property to someone until we can collect the debts which are related with that property. Originally the right was based on equality and started on the respect of property occupation. In other words, the occupant can keep on occupying his target real properties so long as its bidder can not pay the mortgage bond of it. Therefore, even though that target real property is on the public auction, the person who has a right of retention can reject to transfer it to a successful bidder until he gets back all the repayments. But the right of retention is limited in its effect. It has no right of demanding that the successful bidder should pay the target real property mortgage bond priorly. The right of retention has only a right to detain the target real property without priority competence. But it can influence much on the economy of the society because it can ask a possessor to repay indirectly through keeping in detention. On the other hand, the price offered by a successful bidder gets affected if someone insists a right of retention. Therefore, the bidder might have an obstacle to enforce his ownership. As the result of it, abusing rights of retention can be the factor to causes of the social, legal and economic problems. That's the reason why people get much interested in a right of retention. The right of retention can be concerned with other properties and negotiable instruments, equally with the above target real property. But this paper is designed to study the formation and effect of real property retention right because it has made variety problems in the real property market.