공동근저당권자의 경매배당에 관한 연구

According to the revisions of financial and mortgage system, it needs be reviewed not only risks in a comprehensive and colligated collateral security but also concerns about international financial markets. It is essential to protect the third party by means of the explicit statements of collateral provisions or official announcement of registration. Especially for the communal collateral security, it should reflect current needs and international economic such as the regulations that consider the subordinate positions. In my opinion, the pure sense of co-registration on the communal collateral mortage should be admitted; however, the cumulative collateral security should not be accepted unless its purpose is completely disclosed. The first reason is, since the collateral mortgage is entirely involved in the prior collateral security, and as a result, it prevents producing further economic value as collateral. In addition, in terms of trust issue on reading the registration, if someone engrosses in dividends of comprehensive and cumulative collateral security, which is not registered, no one would be the third of subordinate collateral security or proceed the financial transactions on worthless collateral mortgage . Therefore, it is not reasonable to demand cumulative allotment to the highest value when post-auction is partially implemented on communal collateral mortage. Moreover, in the case of public auction, it can not be accepted for those who participate in the auction as the third, with the next priority. For this reason, it needs to be determined by the General Terms of society or general business rules because our Civil Code does not currently define a specific concept for communal collateral security. Since it is not expressly stipulated in the text, and the precedents and theories on bank transaction it is not clearly proved yet, it is not valid to apply the cumulative rules of communal collateral security to different time-distribution of communal collateral security.