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A Study on the Issues of Provisional Registration Security - in Relation to the Activation of Provisional Registration Security -

  • Korea Real Estate Review
  • 2008, 18(1), pp.207-225
  • Publisher : korea real estate research institute
  • Research Area : Social Science > Law > Law of Special Parts > Law of Real Estate

구재군 1

1아주대학교

Candidate

ABSTRACT

The Provisional Registration Security Act has been enacted in order to protect a debtor, but the Provisional Registration Security is rarely used in our society because of its complicated procedure. There will be more necessity to make efficient use of Provisional Registration Security. In this treatise I have advanced a theory to regulate legal problems rationally arising from the Provisional Registration Security. This treatise deals with the legal nature, the settlement and the enforcement of the Provisional Registration Security. By the interpretation of the Provisional Registration Security Act, I think the legal nature of the Provisional Registration Security seems to be a kind of special mortgage. At the settlement stage of the Provisional Registration Security, I discussed the contracting parties to a settlement of the Provisional Registration Security, the coverage of the obligation by the Provisional Registration Security, and the method of public notice of the Provisional Registration Security etc. I discussed the legitimate receiver of enforcement notice, the method of liquidation, an adjusted amount, a deposit of the adjusted amounts, and statutory surface rights etc. of the Provisional Registration Security in its enforcement stage.

Citation status

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