채권담보를 위한 전세권의 법률관계

Recently, Chonsegwon is often used in new ways. There are a few cases where the Chonsegwon is set up for the purpose of securing the Construction bonds or Lease Deposit. The Chonsegwon of such a purpose is referred to as a bond-secured Chonsegwon, but the legal relationship of such Chonsegwon is controversial. First, it is a question whether such Chonsegwon is valid or not. This problem needs to be examined in light of the legal nature of the Chonsegwon, the Principle of Numerus Clausus, and the theory of Fictitious Declaration. In Conclusion, it should be considered valid unless the possibility of use or profitability is excluded. Second, it is a question whether a Chonsegwon-settler can defense against the Chonsegwon-mortgagee’s exercise of a Right with Right of Deduction or Offset. In matters of Deduction of Rent Arrears, it will not be possible to make a claim to a third party who acquired a mortgage on the Chonsegwon. This is the same even if a third party is evil about the basic-bond-relationship. However, in relation to the problem of offsetting, it could grant the setoff Rights if there is a need to protect the interest of reasonable Expectation of the third debtor(Chonsegwon-settler). The Standard point to judge the rationality of the Expected-Profit of the third debtor is when the Chonsegwon-mortgagee acquires the mortgage.