부동산유치권에 관한 개정안 검토

The Civil Law Amendment Commission completed the Bill of the Civil Law Amendment and the Civil Execution Law Amendment, submitting them to the National Assembly. Major issues of the Civil Law Amendment is the abolishing real property lien because the method of publication on the current right to real property lien is possession unlike the other furnishing security – pledge and mortgage – having the registration as a method of publication. A member of the above commission argues, “allowing real property lien having possession as a method of publication does not accord with the general publication method of other real property right, nearly registration.” In the Bill of the Civil Law Amendment, real property lien is replaced with the right to a registration of mortgage. There have been much discussions and commentaries on the appropriateness of the real property lien, whether or not to abolish the above lien. It is in this context that abolishing the above lien is unreasonable in that it disregard the above lien and improvement of the above lien is sufficient enough. The alternative proposes to recognize the preferential satisfaction to the real property lien and to adopt the principle for the extinction of the encumbered rights on the real property under the process of aution on place of abandoning the principle of takeover.