피담보채권 확정 전 채권이전과 피담보채권 확정 후 근저당권이전등기에 관한 연구

1. CONTENTS (1) RESEARCH OBJECTIVES This research is to explore the perfection of a security interest in real property. In doing so, the relevant legal codes in both civil law and property law are examined to investigate the disparate provisions of the applicable code. (2) RESEARCH METHODThe main method adopted in this research includes the analysis of substantive cases as well as a codified set of laws. (3) RESEARCH FINDINGS Since perfection of a security interest is highly advised and commonly arises, it’s of importance to record security interest against a designated real property. In doing so, a security interest is registered, and it wouldn’t be granted or take effect until notice is given to a property owner or often to a relevant third party. The aforementioned provisions aren’t stated in civil law, so it’s not feasible to check whether the particular real property is encumbered or not, which fails the lodgment of a security interest. 2. RESULTS The research findings address legal flaws in secured lending, and make suggestions as follows: Firstly, civil law acknowledges that registration of security interests in asset-based lending is in effect permitted immediately after a debtor is informed. Secondly, the rights of a creditor can’t be transferred until notice of the assignment is given. Therefore, it’s significant that details in registration are adquately recorded in order to enforce the rights of real property in an appropriate fashion that prevents a legal malpractice claim.