유치권이 있는 부동산의 경매와 유치권의 저당권에 대한 대항력 - 2013년 1월 16일에 입법예고된 유치권 관련 민사법 개정안에 관한 고찰을 덧붙여 - (Auction of Immovables With Right of Retention)

서지정보

· 발행기관 : 한국민사법학회
· 수록지 정보 : 민사법학 / 63권 / 1호 / 397 ~ 444페이지
· 저자명 : 김영희

초록

According to Chapter 7 of Korean Civil Code, if a possessor ofmovables, immovables, or valuable instruments belong to another personhas any claim arising, in respect of such property or instruments, and ifpayment of the claim is due, he may retain possession of the thing orinstruments until the claim is satisfied. And the §320 of the code describesthe possessor’s right as “Retention Right.” A retention right holder maysell the retained thing at an auction in satisfaction of his claim. By theway, the auction requested by a retention right holder is discriminatedfrom the auction which is held by request of any other security rightholder. Consequentially the auction of immovables requested by the rightholder of retention should be differentiated from the auction of immovablesattached with retention requested by any other right holder. It is,therefore, in accordance with reason that Part 3 of Korean Civil ExecutionAct regulates the procedures of the auctions differently. This paperfocuses on comparison the retention right holder’s position between theimmovables auctions. It also introduces of changes of the retention rightsystem under the 2013 Amendment of Korean Civil Code and Korean CivilExecution Act.

영어초록

According to Chapter 7 of Korean Civil Code, if a possessor ofmovables, immovables, or valuable instruments belong to another personhas any claim arising, in respect of such property or instruments, and ifpayment of the claim is due, he may retain possession of the thing orinstruments until the claim is satisfied. And the §320 of the code describesthe possessor’s right as “Retention Right.” A retention right holder maysell the retained thing at an auction in satisfaction of his claim. By theway, the auction requested by a retention right holder is discriminatedfrom the auction which is held by request of any other security rightholder. Consequentially the auction of immovables requested by the rightholder of retention should be differentiated from the auction of immovablesattached with retention requested by any other right holder. It is,therefore, in accordance with reason that Part 3 of Korean Civil ExecutionAct regulates the procedures of the auctions differently. This paperfocuses on comparison the retention right holder’s position between theimmovables auctions. It also introduces of changes of the retention rightsystem under the 2013 Amendment of Korean Civil Code and Korean CivilExecution Act.

참고자료

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