건축공사 수급인의 건물부지에 대한 상사유치권의 성립가능성과 효력의 범위에 관한 소고

A Study on the Possibility and Limit of the Building Contractor's Commercial Lien

Our legislative system admits a building and a building site as real estate separately. Owing to it, though a contractor of contract for construction work implements a lien on the building for default, he or she can't reject the demand of rendering up it because of not having the right of lien on the site and it would be difficult to fulfil contractor's rewards on performing of a contract for building. So it is necessary to admit the right of lien on the building site. When it comes to a commercial lien,it doesn't require a link between a bond and occupation of its object and needs to occupy the object by commercial actions. Before the building isn't completed, a contractor don't have the right of occupation on the building, so a commercial lien can't be admitted the right of occupation on the site. But it should be admitted after completing building because if a contractor fulfils his contract, he or she owns the building before transferring it. If there are restricted real rights on the building site, a commercial lien can't take priority on them for safety of transactions