유치권자의 경매신청에 기한 압류의 처분제한적 효력
A Study on the Lien Foreclosure Auction the Disposal of Limited Effect due to the Application Research
- 한국부동산학회
- 부동산학보
- 不動産學報 第50輯
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2012.09179 - 193 (15 pages)
- 61
1. CONTENTS (1) RESEARCH OBJECTIVES In this study, to apply for a lien exercised by the auction if the court determines the start registering for the auction held in the foreclosure effect of the disposal restrictions will admit look about the doctrine and precedent, What is discussed in Japan by examining the conclusions about him. would like to draw. (2) RESEARCH METHOD In this study, to apply for a lien exercised by the auction if the court determines the start registering for the auction held in the foreclosure effect of the disposal restrictions will admit look about the doctrine and precedent, What is discussed in Japan by examining the conclusions about him. would like to draw. (3) RESEARCH FINDINGS Foreclosure of a lien acquired after the effective disposition of foreclosure prohibited include lien foreclosure against the creditor and the buyer so that the lien will not be able to argue that the effect of. Therefore, if a lien filed by the auction seizure shall give effect to the disposal restrictions. 2. RESULTS While the first change in effect dismissed the lien auction vehicle right because you have copy rights, foreclosure auctions are considered to determine the registration of starting anti-effect in the disposition of collateral it right, unlike the other there is no reason to treat. Restrictions on the disposition of foreclosure to give effect to the request, rather than theoretical, absolute auction process procedure simply on the parties. Clearly is a request for technical and this idea that even if a lien filed by the foreclosure auction on the disposal should be recognized that the effect of limiting the view that there is reasonable looks.
ABSTRACT
Ⅰ. 서 론
Ⅱ. 유치권자의 경매신청권
Ⅲ. 압류의 처분제한 효력에 관한 학설
Ⅳ. 판례의 태도
Ⅴ. 결 론
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