유동집합동산양도담보의 중복설정과 후순위담보권자의 물상대위

A duplicate set and Subrogation of the subordinated Transfer Security of Floating Collective Movables

With entering recent times, the industrial and economic development came to be grown into security system like the present while diversely expanding it into bond, stock, and inventory as a new collateral, not setting limits of collateral to typical collateral like land, house or some movables. As a collateral came to be diversified, the unexpected problems came to be exposed. One of those things is subrogation in transfer security of floating collective movables. As the transfer security of floating collective movables is what establishes security in inventory of improving, intensifying and fluctuating, not what establishes security in the fixed inventory, it is established mainly in case of desiring to continue business of using collateral and to repay debt through this. For this reason, many problems, such as issues of conflict with the existing legal framework have been caused. Among the events in subrogation variations in the value of collateral flow transfer set of garden watering can set the mortgage and mortgage is it possible to duplicate nature of the problem, And if it can be duplicated by a transfer movables security of set up issues how the event will run subrogation subordinated transfer of secured party are generated. In this paper, with reference to the doctrine and case law, including with respect to these issues and I want to present a solution.