일본 부동산 선취특권의 유형적 고찰

The Preferential Right[privilegium] on the Realty in the Japanese Civil Law

The word of Preferential Right[privilegium] means the right of preoccupancy in the mortgage theory. This right originates from the Roman law which purposes to protect lesser power-creditors. The lesser power-creditor means one that has credits as follows: first, expenses for common profit (for example, apartment manager's cost for common use, attorney's cost for common legal proceedings, etc.), second, employer's credit, third, cost for funeral services such as the undertaker's credit), fourth, cost for the supply of daily necessities such as electric charge and water rates. There are three types on the preferential right as follows: 1) General preferential right, 2) Preferential right on the movable property, 3) Preferential right on the realty. Korea used to admit the above-mentioned right because of the influence of Japanese civil law. But ROK abolished such regulations in 1960. However nowadays we should protect weaker creditors, it is necessary to establish required laws in order to secure the right of lesser power-creditors. To get such a goal, this paper attempts to appropriate the relevant Japanese Civil law concentrating on the preferential right on the realty among the above three types of Preferential Rights.