일본의 부동산비전형담보에 관한 연구

Real property non-code security is reserving ownership of the object to a seller with admitting occupation of the object to a debtor if transferring the ownership to a creditor and not repaying debt and until the ownership of the object is reverted to a debtor or a large sum is paid in full on sales contract. Real property non-code security in Japan has three types: transfer-lien security, provisional registration mortgage, reservation property. This study invests on dividing transfer-lien security, provisional registration mortgage, reservation property of requisite, composition of legal principles, effect and others for Real Property Non-Code Security on Japanese law. Korea was accepting through theories and precedents of non-code security which are widely used on business, but since law of Provisional registration mortgage is enacted, transfer-lien security as well as provisional registration mortgage have been regulated by it. However, 'law of the provisional registration mortgage' is a regulation of provisional registration mortgage for mortgage, and in case of transfer-lien security which transfers ownership registration, there are comments about whether it can be applied or not. Also, the theory and precedent of character of transfer-lien security are still pitted against each other. In this situation, this study will give many issues on the system of real property non-code security interests.