한국에서의 가등기담보법의 개정 방향과 쟁점

초록

This paper aims to introduce the aspects of the enactment and amendment of Korea’s Provisional Registration Security Act to Japanese researchers. In establishing the direction for the amendment of the Provisional Registration Security Act, discussions in Japan should be referenced, but critical considerations regarding our own legal situation must not be neglected. To enhance the effectiveness of the Provisional Registration Security Act, it is necessary to expand the scope of regulation, clearly define the content of provisional registration security rights, codify security provisional registrations, and establish mechanisms for the fair calculation of liquidation proceeds to protect the interests of junior lienholders. Furthermore, it is necessary to enhance legal stability by codifying independent regulations regarding ownership transfer registration for security, which is of a nature different from provisional registration for security.

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