집합동산의 등기에 의한 담보권에 관한 연구

On June 11, 2011, the Act on Security over Movable Property, Claims Etc., entered into force, that providing registration of security interests for movable assets or obligations. The Act produced not only new public notice system but also new security interests for movable property. Korea Civil Code Article 185 provides the principle for establishment of real rights; no real rights can be established other than those prescribed by laws or customary law. Thus the Act should submit the principle. In making an interpretation on the Act, it is needed to investigate the kinds and substances of security interests granted by the Act. The Act provides following three kinds of security interests on movable properties; general security interest in movable property(§3 to §33), continuing security interests(§5), joint security(§29). And collateral for security interests in movable property can be provided in the type of a specific thing or in bulks, Article 3 of the Act. Article 35 of Enforcement Regulation for the Act provides the matters to be registered. If the collateral is specified by the nature of a specific movable thing, may be registered the sorts of movable things, the manufacture's serial number or product's model number, or the informations of the collaterals that distinguished from others. And if two or more movable assets are provided as security, it should be specified the types, places for storage, and quantity of the assets or identified the assets in any similar manner. This paper points out the differences of security interest for a specific movable property and mass of movable properties, - the way for identifying collaterals, effects for public notice with registration, the possibility of change, replacement or disposition on the components of collaterals, the number of security interest, and enforcement or foreclosure of the collaterals.