부동산 유치권 등기제도의 도입에 관한 연구

A lien is a statutory security that naturally arises when certain requirements set forth by law and a strong right to protect the other lenders in particular because it recognizes the same effect of receiving the first payment through attraction of goods. However, since the formation of a lien is based on an incomplete public announcement of possession, It has caused a lot of damage in the course of the auction procedure by declaring a lien by false bonds. As a result, many discussions and legislative proposals related to the retention of real estate holders were presented, but the agreement is not easy. In this paper, we review what causes the damage related to the real estate lien while maintaining the lien system as it is in the current civil law and propose the introduction of registration System of Lien of the real estate lease as an alternative. To introduce of the real estate lien registration system, it is not only has the unity of the existing civil law and the judiciary which is registered as a method of disclosure of property rights but also prevents the various aversions in the auction procedure process . Also we can expected the legal stability that Real Rights over Immovables and Senior mortgage holders can be safeguarded.