부동산 유치권제도의 개선방안 - 2012년 민법개정안의 검토를 중심으로 -

A person who claims to have applied frequently to exercise a right of retention to occupy the building as-subcontractors and construction company has suspended construction at a construction site, and to exercise real estate auction procedure in particular appears. The auction procedure is discontinued, the claimant maybe plagued by years of conflict the issue of the abolition of the lien of real estate, has emerged as an important issue in the socio-economic sphere. In relation to this, according to the Civil Law Amendment to the Civil Law Committee established by the Board in December 2012, it has abolished in principle the real estate liens. As long as the real estate of unregistered exceptionally, to admit a liens system, storage and registration of the real estate, admitted liens claims within six months. When this period has elapsed, liens and right to demand establishing hypothec is eliminated, the introduction of extinction attention system of lien at auction is allowed. The real estate liens system should be abolished in principle unless it will be able to evaluate positively in terms of efficient use of goods and clarification of real estate public notice system. But this should acknowledge the lien for unregistered real estate. And thus the problem of economic value, lost due to stopped construction arises. Damage from construction delay could occur in facilities. In addition, if you do not exercise the right to claim within a certain period of time, this right falls away. In this paper, after considering the amendment, when it isn't registered property, even when it isn't registered real estate, it is necessary to allow auction provisional registration subtitle by introducing and displaying registry, especially Japanese etc., we have a proposal for some legislation theory supplements.