민법 제365조 일괄경매청구권 행사요건에 관한 일고

Korean Civil Code we have maintained a system of ownership that istwo yuan of dealing with land and building as another real estate. Thus,while the owner of the land and buildings are placing a variety ofcondolence can be scheduled to be separated, especially the bulk auctionclaims an important role and legal ground rights. Thus, like to consider to mitigate bulk auction billing requirements sothat it can be extended to batch auction claims by dividing therequirements for owners and Chukuchoja requirements and building forthe presence time of building bulk auction billing requirements I think. Even at the time of the building that has a mortgage on the land werepresent, or building is lost since, at that time 'mortgage set by that it hasbeen removed, the mortgagor for the purpose of vacant land there is nobuilding on the ground become a situation, such as in the case of',thereafter, thin building has been built, reasonable to admit the bulkauction claims of civil Code Article 365 in the case of legal surface rightsfor the new buildings is not satisfied will. And on third party can be prevented in bulk auction claims acceptablesocial and economic losses that are generated by building theconstruction is removed, the building mortgagor could use a third party by the construction, it is reasonable to qualify the batch auction claimsthat it is possible to prevent interference with the execution that mayoccur in the auction procedures. However, on principle, the range of theefficacy of mortgage is based on the mortgage setting contract, the thirdparty mortgagee to are those that occur between the contracting partiesmortgagor and the mortgagee I should be allowed to bulk auction claimsit is determined whether or not the use of the hospital for the land thatyou can compete. After all, co-mortgagor after, while interpreted as all of those who thedesired product was obtained that there is the burden of mortgage themortgagor, including the building that was newly built by removal subjectto collective auction claims, building owner but you would be desirable torevision in the direction of limiting the bulk auction claims of mortgageeif and only if you have a source of use for the land.