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저당권의 수익집행절차에 관한 연구 – 일본법을 중심으로 –
초록
The methods of real estate enforcement include compulsory sale by official auction and management by compulsory enforcement. However, the management as foreclosure of Hypothec is not accepted by Civil Law and Civil Enforcement Law. Therefore, in order to introduce the management,these two law needs to be revised. That is, in Civil Law, it is accepting not only motion to compulsory sale but motion to management as an effect of Hypothec, and is making a suitable procedure from Civil Enforcement Law concretely. This research tends to present the following thing by referring to an argument concerning the management in Japan on the assumption that the point that the motion to management as an effect of Hypothec should be accepted. That is, it is a fundamental frame about how Civil Enforcement Law should be revised, in order to make a concrete procedure of the management.