Property Law
 |
Description
Book Introduction
In 2014, the 8th edition of the Property Rights Act (completely revised) was published, and in 2015, a revised edition was published with minimal revisions.
This revised edition faithfully introduces subsequent case law, reflects legal revisions, and focuses on describing the textbook's content more clearly.
Over the past decade, discussions on property law have become more active and many new case laws have emerged.
The precedent regarding preservation of common property was changed by a decision of the full bench of the Supreme Court.
The Supreme Court's full bench has issued a ruling on exclusive use, waiver of beneficial rights, customary statutory superficies, statute of limitations for cemetery rights, real estate trusts and illegal collateral payments, and joint mortgages.
Important precedents were also established regarding the acquisitive prescription for one's own real estate, leasehold rights for the purpose of securing a claim, joint mortgages, cumulative mortgages, and movable property mortgages.
As a Supreme Court Justice for six years, starting in September 2016, I participated in many of the above decisions.
These experiences are also reflected in this revised edition.
Although this revised edition was intended to be concise, it has grown by about 30 pages compared to the previous edition to reflect new case law.
I hope this book will be of some help in understanding and studying property law.
This revised edition faithfully introduces subsequent case law, reflects legal revisions, and focuses on describing the textbook's content more clearly.
Over the past decade, discussions on property law have become more active and many new case laws have emerged.
The precedent regarding preservation of common property was changed by a decision of the full bench of the Supreme Court.
The Supreme Court's full bench has issued a ruling on exclusive use, waiver of beneficial rights, customary statutory superficies, statute of limitations for cemetery rights, real estate trusts and illegal collateral payments, and joint mortgages.
Important precedents were also established regarding the acquisitive prescription for one's own real estate, leasehold rights for the purpose of securing a claim, joint mortgages, cumulative mortgages, and movable property mortgages.
As a Supreme Court Justice for six years, starting in September 2016, I participated in many of the above decisions.
These experiences are also reflected in this revised edition.
Although this revised edition was intended to be concise, it has grown by about 30 pages compared to the previous edition to reflect new case law.
I hope this book will be of some help in understanding and studying property law.
index
Part 1 General Theory
Chapter 1 Introduction
[1] I. Significance of Property Law 1
[2] Ⅱ. Contents of the Property Law and Sources 2
[3] III. Characteristics of Property Law 4
Chapter 2 The Essence of Property Rights
[4] I. General theory 6
[5] Ⅱ. The meaning of property rights 6
[6] III. Characteristics of Property Rights 7
[7] Ⅳ. Objects of Property Rights 12
Chapter 3 Types of Property Rights
[8] I. Principle of Legality of Property Rights 17
[9] II. Interpretation of Article 185 of the Civil Act 18
[10] III. Types and Classification of Property Rights 21
Chapter 4 Effect of Property Rights
[11] I. General Theory 24
[12] Ⅱ. Priority Effect 24
[13] III. Property Rights Claim 26
Chapter 5 Changes in Property Rights
Section 1 General Provisions
[14] I. The meaning and types of property rights transfer 33
[15] Ⅱ. Changes in Property Rights and Public Notice 35
[16] III. Principles of Public Notice and Public Trust 36
Section 2 Legal acts that cause changes in property rights (property rights acts)
[17] I. The significance of property rights acts 39
[18] II. Property Rights Act and Public Notice Method 43
[19] III. Independence of Property Rights Act 52
[20] IV. The Inhumanity of Property Rights Acts 58
Section 3 Changes in real estate rights
Section 1 Real Estate Registration
[21] I. Meaning and types of registration 67
[22] II. Registration Office and Registration Agency 71
[23] III. Registry and ledger 72
[24] IV. Registration information 79
[25] V. Registration Procedure 81
Article 2 Changes in real estate rights through legal acts
[26] I. Principle: Establishment Requirement 98
[27] II. Legal Acts and Registration as Requirements 107
Article 3 Changes in real estate rights not through legal acts
[28] I. Principle 131
[29] II. Exception 138
Article 4 Registration Claim
[30] I. 138 of the meaning of the meaning
[31] II. Causes and properties 139
Article 5 Effect of Registration
[32] General effect of registration 145
Article 6 Registration
[33] Registration No. 150
Section 4 Changes in movable property rights
[34] Overview 157
Article 1 Acquisition from the rights holder
[35] I. Principle (Establishment Requirement) 157
[36] II. Legal Act 158
[37] III. India 159
Article 2 Acquisition from a non-rightful person (acquisition in good faith)
[38] I. The meaning and function of good faith acquisition 162
[39] II. Requirements for Good Faith Acquisition 163
[40] III. Effect of Good Faith Acquisition 167
[41] IV. Special provisions on stolen goods and lost items 168
Section 5 Changes in property rights over land (changes in property rights by the method of nominal title)
[42] I. Introduction 171
[43] Ⅱ. Changes in property rights regarding trees 172
[44] III. Changes in property rights regarding other terrestrial objects (changes in property rights by the method of the master) 173
Section 6 Extinction of Property Rights
[45] I. Introduction 175
[46] II. Loss of Object 175
[47] III. Statute of limitations 176
[48] IV. Waiver of Property Rights 176
[49] V. Confusion 177
Part 2 Ownership and Possession
Chapter 1 Right of Possession
Section 1 General Provisions
[50] I. Possession System 181
[51] II. Social Functions of the Possession System (Theory of the Grounds of the Possession System) 183
[52] III. The Concept of Possession (Right to Possession) 185
Section 2 Possession
Chapter 1: The Concept of Possession
[53] I. Subjective and Objective Theories of Possession (Possession Theory) 186
[54] II. Possession in Civil Law 187
[55] III. Possession Assistant 189
Section 2 Indirect Possession
[56] I. The significance of indirect possession 192
[57] II. Requirements for Establishing Indirect Possession 193
[58] III. Status of indirect possessors 194
Various aspects of the 3rd Hall occupation
[59] I. Self-occupancy and other-occupancy 195
[60] II. Good Possession and Evil Possession 197
[61] III. Other Occupancy Forms 197
Section 3 Acquisition and Extinction of Possession Rights
Article 1 Acquisition of possession rights
[62] I. Introduction 198
[63] II. Acquisition of direct possession 198
[64] III. Acquisition of indirect possession 200
[65] Ⅳ. Effect of Succession to Possession Rights 201
Article 2 Extinction of Possession Rights
[66] I. Introduction 202
[67] II. Causes of extinction of direct possession 203
[68] III. Causes of extinction of indirect possession 203
Section 4 Effect of possession rights
Chapter 1 General Provisions
[69] Overview 204
Article 2 Presumption of Rights
[70] I. Presumption of Legality of Rights 204
[71] II. Effect of Estimation 205
Article 3: Relationship between the possessor and the recoverer
[72] I. Introduction 206
[73] II. Right of a bona fide possessor to acquire fruits 206
[74] III. Duty of Bad Possessor to Return Fruit 208
[75] Ⅳ. Liability for loss or damage to property 209
[76] V. The possessor's right to claim reimbursement of expenses 210
Article 4 Claim for Protection of Possession
[77] I. Introduction 212
[78] II. Various claims for possession protection 213
[79] III. The Relationship Between the Claim for Possession and the Claim for Title 217
Article 5 Self-reliance
[80] I. The possessor's right to self-rescue 219
[81] Ⅱ. Self-defense 220
[82] III. Right to Self-Recovery 220
Section 5 Quasi-possession
[83] I. The meaning of quasi-possession 221
[84] II. Requirements and Effects of Quasi-Possession 221
Chapter 2 Ownership
Section 1 General Provisions
[85] I. The Social Function of Ownership 223
[86] II. Legal Nature of Ownership 224
Section 2 Contents and limitations of ownership
[87] I. Contents of ownership 225
[88] II. Restrictions on Ownership 225
Section 3 Scope of Real Estate Ownership
[89] I. The scope of land ownership 229
[90] II. Groundwater 231
Section 4. Real rights claims based on ownership
[91] I. Introduction 232
[92] II. Right to claim return of property 233
[93] III. Claim for removal of interference with property 237
[94] Ⅳ. Right to claim for prevention of interference with property 238
Section 5 Neighborly Relations
[95] I. General 239
[96] Ⅱ. Neighborhood relationship between building owners 240
[97] III. Claim for use of neighboring land 247
[98] IV. Prohibition of Disturbance of Life 247
[99] V. Facilities such as water supply 252
[100] Ⅵ. Right of passage over surrounding land 253
[101] VII. Neighborly Relations Regarding Water 256
[102] Ⅷ. Neighborly Relations on the Border 260
[103] Ⅸ. Tree branches crossing boundaries? Relationships with tree roots 261
[104] X. Neighborhood Relations Regarding Deep Excavation of Land 261
[105] ⅩⅠ. Neighborhood Relationships Regarding the Installation of Works Near the Boundary Line 262
Section 6 Acquisition of ownership
Chapter 1 General Provisions
[106] Overview 263
Article 2, Statute of Limitations
[107] I. The significance and reason for the existence of the acquisitive prescription 264
[108] II. Rights acquired by prescription 264
[109] III. Prescription for Acquisition of Real Estate Ownership 265
[110] IV. Acquisition of movable property ownership 273
[111] V. Prescription for Acquisition of Property Rights Other than Ownership 273
[112] Ⅵ. Interruption/Suspension of the Acquisitional Prescription 274
Chapter 3: Preemption? Acquisition? Discovery
[113] I. Preemptive Occupation of Ownerless Objects 275
[114] II. Acquisition of Lost Items 276
[115] III. Discovery of Burial Objects 279
Attachment 4
[116] I. General 280
[117] II. Concordance 282
[118] III. Mixture 285
[119] IV. Processing 285
Section 7 Joint Ownership
Chapter 1 General Provisions
[120] The Meaning and Form of Joint Ownership 286
2nd Hall Shared
[121] I. Introduction 289
[122] II. Shared Share 291
[123] III. Sharing Relationships Between Shareholders 296
[124] IV. External Claims of Sharing Relationships 298
[125] V. Division of Common Property 299
Chapter 3 Joint ownership and total ownership
[126] I. Joint Yu 304
[127] II. Total 306
Section 4, Joint Ownership
[128] Joint ownership 310
Part 3 Usufruct
Chapter 1: Land Rights
Section 1 General Provisions
[129] I. The meaning and nature of surface rights 311
[130] II. Social Functions of Land Rights 313
Section 2 Acquisition of surface rights
[131] I. Acquisition by legal act 314
[132] II. Acquisition without legal act 315
Section 3 Duration of surface rights
[133] Ⅰ. In case of determining the period by contract 316
[134] Ⅱ. In case the period is not specified in the contract 317
[135] III. Contract Renewal and Duration 317
[136] IV. Mandatory Provisions 319
Section 4 Effect of surface rights
[137] I. Land use rights of superficies holders 319
[138] II. Disposal of Surface Rights (Recovery of Invested Capital) 320
[139] III. Obligation to Pay Rent 321
Section 5 Extinction of Surface Rights
[140] I. Reasons for the Extinction of Surface Rights 323
[141] II. Effects of Termination of Surface Rights 324
Section 6 Special Ground Rights
[142] I. Introduction 325
[143] II. Ground rights 326
[144] III. Grave site rights 330
[145] IV. Customary Statutory Ground Rights 335
Chapter 2 Regional Areas
Section 1 General Provisions
[146] I. The Significance of Regional Rights 341
[147] II. Social Functions of Regional Areas 343
[148] III. Duration of regional rights 344
[149] IV. Types of Regional Rights 344
Section 2. Gains and losses of regional rights and their effects
[150] I. Acquisition of regional rights 345
[151] II. Effect of Regional Rights 346
[152] III. Extinction of regional rights 347
Section 3 Special Area Rights (Entry Rights? Total Heritage Land Use Rights)
[153] I. The significance and function of special regional rights 348
[154] II. Regulations on Special Land Benefit Rights 349
Chapter 3, Volume 3
Section 1 General Provisions
[155] I. The Significance and Social Function of Leasehold Rights 350
[156] II. Legal Nature of Leasehold Rights 352
Section 2 Acquisition and duration of leasehold rights
[157] I. Acquisition of Leasehold Rights 356
[158] II. Duration of Leasehold Rights 357
Section 3 Effect of Leasehold Rights
[159] I. The use and benefit rights of the lessee 359
[160] II. Disposition of Leasehold Rights 362
Section 4 Extinction of Leasehold Rights
[161] I. Reasons for termination of leasehold rights 365
[162] II. Effects of Termination of Leasehold Rights 368
Part 4 Collateral Rights
Chapter 1 General Introduction
[163] I. The Significance and Social Function of Collateral Rights 375
[164] II. Physical Collateral System 378
[165] III. The Essence of Collateral Rights 382
[166] IV. Characteristics of Collateral Rights 383
[167] V. Effect of Collateral Rights 385
[168] Ⅵ. Ranking of Collateral Rights 386
Chapter 2 Right to custody
Section 1 General Provisions
[169] I. The Significance and Social Function of Kindergarten 387
[170] II. Legal Nature of Child Protection Rights 389
Section 2 Establishment of child custody rights
[171] Requirements for the establishment of a right of custody 391
Section 3 Effect of custody rights
[172] I. Rights of the child caregiver 396
[173] II. Obligations of the Parent 403
Section 4. Extinction of right of custody
[174] I. General reasons for termination of child custody rights 403
[175] II. Special reasons for termination of kindergarten rights 404
Chapter 3 Right of pledge
Section 1 General Provisions
[176] I. The Meaning and Function of Mortgage Rights 406
[177] II. Legal Nature of Mortgage 408
Section 2 Mortgage of Movable Property
Article 1 Establishment of Mortgage Rights
[178] I. Mortgage Agreement 410
[179] II. Delivery of the Objective Property 412
[180] III. Object of Mortgage (Pledged Property) 413
[181] Ⅳ. Claims for which a movable lien can be established (secured claims) 414
[182] V. Statutory Lien 415
Article 2 Effect of Mortgage of Movable Property
[183] I. Scope of the Effect of Mortgage Rights 416
[184] II. Childish Effect 419
[185] III. Preferential Payment Effect 420
[186] IV. Pledge of the Mortgage Holder 422
[187] V. Effect of Infringement of Mortgage Rights 425
[188] Ⅵ. Obligations of the Pledgor 427
Article 3 Extinction of Mortgage Rights
[189] Extinction of Mortgage Rights 427
Article 4. Pledge and exchange of movable property represented by securities
[190] I. Mortgage of movable property by securities 428
[191] II. Wreath 430
Section 3 Lien
Chapter 1 General Provisions
[192] I. The Meaning and Function of Lien 431
[193] II. Nature of Lien 432
[194] III. Purpose of Lien 432
Article 2 Lien
[195] I. Establishment of a lien on a bond 433
[196] II. Effect of Lien 437
Article 3 Other Rights and Liens
[197] I. Lien on Stocks 441
[198] II. Lien on Intellectual Property Rights 442
Chapter 4 Mortgage
Section 1 General Provisions
[199] I. The Significance and Social Function of Mortgage Rights 444
[200] II. Legal Nature of Mortgage 447
Section 2 Establishment of Mortgage
[201] I. Introduction 449
[202] II. Mortgage Agreement 449
[203] III. Mortgage Registration 450
[204] Ⅳ. What can be the object of a mortgage 451
[205] V. Claims subject to mortgage (secured claims) 452
[206] Ⅵ. Right of real estate construction contractor to claim mortgage 453
[207] VII. Establishment of Statutory Mortgage 454
Section 3 Effect of Mortgage
Article 1 Scope of the effect of mortgage
[208] I. Scope of Secured Claims 454
[209] II. Scope of Object 456
Effect of receiving priority payment under Article 2
[210] Ⅰ. The mortgagee receiving payment of the secured debt 461
[211] II. Priority of Mortgageeers 463
Article 3 Enforcement of Mortgage
[212] I. Introduction 469
[213] II. Enforcement of mortgage by mortgage auction 469
[214] III. Mortgage execution without a mortgage auction: 474 per user
Article 4 Mortgage and Usufruct
[215] I. General Usufruct Relationship of Mortgaged Real Estate 476
[216] II. The Relationship Between Mortgage and Usufruct 477
[217] III. Statutory Ground Rights 478
[218] Ⅳ. Right to auction buildings on mortgaged land 486
[219] V. Status of Third-Party Acquirer 488
Article 5 Remedies for Infringement of Mortgage Rights
[220] I. Special Characteristics of Mortgage Infringement 490
[221] II. Various Relief Methods 491
Section 4 Disposition and Extinction of Mortgage
[222] I. Disposition of Mortgage 494
[223] II. Extinction and Cancellation of Mortgage Rights 497
Section 5 Joint Mortgage and Collateral Mortgage
[224] I. Introduction 499
[225] II. Joint Mortgage 499
[226] III. Mortgage 509
Section 6 Mortgage under special laws
[227] I. 531
[228] II. Mortgage on Trees 531
[229] III. Mortgage of Movable Property 532
[230] IV. Factory Mortgage and Foundation Mortgage 534
Chapter 5 Mortgage Rights and Debt Security Rights
Section 1 Introduction
[231] I. Introduction 538
[232] II. Main Features of This Act 538
Section 2 Mortgage rights in movable property
[233] I. The Meaning and Establishment of Mortgage Rights 540
[234] II. Contents and Effects of Mortgage Rights 543
[235] III. Enforcement of Mortgage Rights 545
[236] IV. Joint Collateral 548
[237] V. Collateral Rights 549
[238] Ⅵ. Good faith acquisition 549
Section 3 Security Interest
[239] I. Establishment of a Secured Debt Right 550
[240] II. Effect of Registration of Secured Debt 551
[241] III. Applicable Regulations 553
Section 4 Registration of Collateral
[242] I. Governing Body and Jurisdiction 554
[243] II. Registration methods and procedures, etc. 554
Section 5 Special provisions regarding intellectual property security rights
[244] Intellectual Property Rights Security Rights 555
Chapter 6. Registered Collateral and Transfer Collateral
Section 1 General Provisions
[245] I. The Significance and Function of Atypical Collateral 557
[246] II. Various Types of Atypical Collateral 558
[247] III. Regulations on Atypical Collateral 560
Section 2. Registered Collateral
Chapter 1 Introduction
[248] I. The meaning and function of registered collateral 562
[249] II. Nature of Registered Collateral 566
Article 2 Establishment and transfer of provisional registration security interest
[250] I. Establishment of a registered mortgage 567
[251] II. Transfer of registered mortgage 570
Article 3 Effect of provisional registration security interest
[252] I. General Provisions 571
[253] II. General Effect 572
[254] III. Execution of a Registered Mortgage 573
[255] Ⅳ. Participation of registered mortgage holders in distribution at auction 583
Article 4 Extinction of Pre-registered Security Interest
[256] Extinction of a registered mortgage 585
Section 3 Assignment of Collateral
Chapter 1 General Provisions
[257] I. The meaning and function of transferable collateral 586
[258] II. Legal Structure of Assignment of Collateral 589
Article 2 Establishment of Transfer Security Rights
[259] Establishment of a transferable security interest 595
Article 3: Internal Effects of Assignment of Security Rights
[260] I. Scope of effect 600
[261] Ⅱ. Utilization of Objects 601
[262] III. Obligation of the assignor and settlor to keep the object of the assignment 601
Article 4 External Effects of Assignment of Security Rights
[263] I. Effect of disposition prior to the arrival of the payment period 602
[264] II. Relationship with General Creditors 605
[265] III. Infringement by a Third Party 608
Effect of receiving priority payment in Article 5
[266] I. General Provisions 608
[267] II. Execution of Assignment Security Rights 609
Article 6 Extinction of Assignment Security Rights
[268] Extinction of Assignment Mortgage Rights 611
Appendix 615
Index of Condolences 629
Case Index 635
Item Index 648
Chapter 1 Introduction
[1] I. Significance of Property Law 1
[2] Ⅱ. Contents of the Property Law and Sources 2
[3] III. Characteristics of Property Law 4
Chapter 2 The Essence of Property Rights
[4] I. General theory 6
[5] Ⅱ. The meaning of property rights 6
[6] III. Characteristics of Property Rights 7
[7] Ⅳ. Objects of Property Rights 12
Chapter 3 Types of Property Rights
[8] I. Principle of Legality of Property Rights 17
[9] II. Interpretation of Article 185 of the Civil Act 18
[10] III. Types and Classification of Property Rights 21
Chapter 4 Effect of Property Rights
[11] I. General Theory 24
[12] Ⅱ. Priority Effect 24
[13] III. Property Rights Claim 26
Chapter 5 Changes in Property Rights
Section 1 General Provisions
[14] I. The meaning and types of property rights transfer 33
[15] Ⅱ. Changes in Property Rights and Public Notice 35
[16] III. Principles of Public Notice and Public Trust 36
Section 2 Legal acts that cause changes in property rights (property rights acts)
[17] I. The significance of property rights acts 39
[18] II. Property Rights Act and Public Notice Method 43
[19] III. Independence of Property Rights Act 52
[20] IV. The Inhumanity of Property Rights Acts 58
Section 3 Changes in real estate rights
Section 1 Real Estate Registration
[21] I. Meaning and types of registration 67
[22] II. Registration Office and Registration Agency 71
[23] III. Registry and ledger 72
[24] IV. Registration information 79
[25] V. Registration Procedure 81
Article 2 Changes in real estate rights through legal acts
[26] I. Principle: Establishment Requirement 98
[27] II. Legal Acts and Registration as Requirements 107
Article 3 Changes in real estate rights not through legal acts
[28] I. Principle 131
[29] II. Exception 138
Article 4 Registration Claim
[30] I. 138 of the meaning of the meaning
[31] II. Causes and properties 139
Article 5 Effect of Registration
[32] General effect of registration 145
Article 6 Registration
[33] Registration No. 150
Section 4 Changes in movable property rights
[34] Overview 157
Article 1 Acquisition from the rights holder
[35] I. Principle (Establishment Requirement) 157
[36] II. Legal Act 158
[37] III. India 159
Article 2 Acquisition from a non-rightful person (acquisition in good faith)
[38] I. The meaning and function of good faith acquisition 162
[39] II. Requirements for Good Faith Acquisition 163
[40] III. Effect of Good Faith Acquisition 167
[41] IV. Special provisions on stolen goods and lost items 168
Section 5 Changes in property rights over land (changes in property rights by the method of nominal title)
[42] I. Introduction 171
[43] Ⅱ. Changes in property rights regarding trees 172
[44] III. Changes in property rights regarding other terrestrial objects (changes in property rights by the method of the master) 173
Section 6 Extinction of Property Rights
[45] I. Introduction 175
[46] II. Loss of Object 175
[47] III. Statute of limitations 176
[48] IV. Waiver of Property Rights 176
[49] V. Confusion 177
Part 2 Ownership and Possession
Chapter 1 Right of Possession
Section 1 General Provisions
[50] I. Possession System 181
[51] II. Social Functions of the Possession System (Theory of the Grounds of the Possession System) 183
[52] III. The Concept of Possession (Right to Possession) 185
Section 2 Possession
Chapter 1: The Concept of Possession
[53] I. Subjective and Objective Theories of Possession (Possession Theory) 186
[54] II. Possession in Civil Law 187
[55] III. Possession Assistant 189
Section 2 Indirect Possession
[56] I. The significance of indirect possession 192
[57] II. Requirements for Establishing Indirect Possession 193
[58] III. Status of indirect possessors 194
Various aspects of the 3rd Hall occupation
[59] I. Self-occupancy and other-occupancy 195
[60] II. Good Possession and Evil Possession 197
[61] III. Other Occupancy Forms 197
Section 3 Acquisition and Extinction of Possession Rights
Article 1 Acquisition of possession rights
[62] I. Introduction 198
[63] II. Acquisition of direct possession 198
[64] III. Acquisition of indirect possession 200
[65] Ⅳ. Effect of Succession to Possession Rights 201
Article 2 Extinction of Possession Rights
[66] I. Introduction 202
[67] II. Causes of extinction of direct possession 203
[68] III. Causes of extinction of indirect possession 203
Section 4 Effect of possession rights
Chapter 1 General Provisions
[69] Overview 204
Article 2 Presumption of Rights
[70] I. Presumption of Legality of Rights 204
[71] II. Effect of Estimation 205
Article 3: Relationship between the possessor and the recoverer
[72] I. Introduction 206
[73] II. Right of a bona fide possessor to acquire fruits 206
[74] III. Duty of Bad Possessor to Return Fruit 208
[75] Ⅳ. Liability for loss or damage to property 209
[76] V. The possessor's right to claim reimbursement of expenses 210
Article 4 Claim for Protection of Possession
[77] I. Introduction 212
[78] II. Various claims for possession protection 213
[79] III. The Relationship Between the Claim for Possession and the Claim for Title 217
Article 5 Self-reliance
[80] I. The possessor's right to self-rescue 219
[81] Ⅱ. Self-defense 220
[82] III. Right to Self-Recovery 220
Section 5 Quasi-possession
[83] I. The meaning of quasi-possession 221
[84] II. Requirements and Effects of Quasi-Possession 221
Chapter 2 Ownership
Section 1 General Provisions
[85] I. The Social Function of Ownership 223
[86] II. Legal Nature of Ownership 224
Section 2 Contents and limitations of ownership
[87] I. Contents of ownership 225
[88] II. Restrictions on Ownership 225
Section 3 Scope of Real Estate Ownership
[89] I. The scope of land ownership 229
[90] II. Groundwater 231
Section 4. Real rights claims based on ownership
[91] I. Introduction 232
[92] II. Right to claim return of property 233
[93] III. Claim for removal of interference with property 237
[94] Ⅳ. Right to claim for prevention of interference with property 238
Section 5 Neighborly Relations
[95] I. General 239
[96] Ⅱ. Neighborhood relationship between building owners 240
[97] III. Claim for use of neighboring land 247
[98] IV. Prohibition of Disturbance of Life 247
[99] V. Facilities such as water supply 252
[100] Ⅵ. Right of passage over surrounding land 253
[101] VII. Neighborly Relations Regarding Water 256
[102] Ⅷ. Neighborly Relations on the Border 260
[103] Ⅸ. Tree branches crossing boundaries? Relationships with tree roots 261
[104] X. Neighborhood Relations Regarding Deep Excavation of Land 261
[105] ⅩⅠ. Neighborhood Relationships Regarding the Installation of Works Near the Boundary Line 262
Section 6 Acquisition of ownership
Chapter 1 General Provisions
[106] Overview 263
Article 2, Statute of Limitations
[107] I. The significance and reason for the existence of the acquisitive prescription 264
[108] II. Rights acquired by prescription 264
[109] III. Prescription for Acquisition of Real Estate Ownership 265
[110] IV. Acquisition of movable property ownership 273
[111] V. Prescription for Acquisition of Property Rights Other than Ownership 273
[112] Ⅵ. Interruption/Suspension of the Acquisitional Prescription 274
Chapter 3: Preemption? Acquisition? Discovery
[113] I. Preemptive Occupation of Ownerless Objects 275
[114] II. Acquisition of Lost Items 276
[115] III. Discovery of Burial Objects 279
Attachment 4
[116] I. General 280
[117] II. Concordance 282
[118] III. Mixture 285
[119] IV. Processing 285
Section 7 Joint Ownership
Chapter 1 General Provisions
[120] The Meaning and Form of Joint Ownership 286
2nd Hall Shared
[121] I. Introduction 289
[122] II. Shared Share 291
[123] III. Sharing Relationships Between Shareholders 296
[124] IV. External Claims of Sharing Relationships 298
[125] V. Division of Common Property 299
Chapter 3 Joint ownership and total ownership
[126] I. Joint Yu 304
[127] II. Total 306
Section 4, Joint Ownership
[128] Joint ownership 310
Part 3 Usufruct
Chapter 1: Land Rights
Section 1 General Provisions
[129] I. The meaning and nature of surface rights 311
[130] II. Social Functions of Land Rights 313
Section 2 Acquisition of surface rights
[131] I. Acquisition by legal act 314
[132] II. Acquisition without legal act 315
Section 3 Duration of surface rights
[133] Ⅰ. In case of determining the period by contract 316
[134] Ⅱ. In case the period is not specified in the contract 317
[135] III. Contract Renewal and Duration 317
[136] IV. Mandatory Provisions 319
Section 4 Effect of surface rights
[137] I. Land use rights of superficies holders 319
[138] II. Disposal of Surface Rights (Recovery of Invested Capital) 320
[139] III. Obligation to Pay Rent 321
Section 5 Extinction of Surface Rights
[140] I. Reasons for the Extinction of Surface Rights 323
[141] II. Effects of Termination of Surface Rights 324
Section 6 Special Ground Rights
[142] I. Introduction 325
[143] II. Ground rights 326
[144] III. Grave site rights 330
[145] IV. Customary Statutory Ground Rights 335
Chapter 2 Regional Areas
Section 1 General Provisions
[146] I. The Significance of Regional Rights 341
[147] II. Social Functions of Regional Areas 343
[148] III. Duration of regional rights 344
[149] IV. Types of Regional Rights 344
Section 2. Gains and losses of regional rights and their effects
[150] I. Acquisition of regional rights 345
[151] II. Effect of Regional Rights 346
[152] III. Extinction of regional rights 347
Section 3 Special Area Rights (Entry Rights? Total Heritage Land Use Rights)
[153] I. The significance and function of special regional rights 348
[154] II. Regulations on Special Land Benefit Rights 349
Chapter 3, Volume 3
Section 1 General Provisions
[155] I. The Significance and Social Function of Leasehold Rights 350
[156] II. Legal Nature of Leasehold Rights 352
Section 2 Acquisition and duration of leasehold rights
[157] I. Acquisition of Leasehold Rights 356
[158] II. Duration of Leasehold Rights 357
Section 3 Effect of Leasehold Rights
[159] I. The use and benefit rights of the lessee 359
[160] II. Disposition of Leasehold Rights 362
Section 4 Extinction of Leasehold Rights
[161] I. Reasons for termination of leasehold rights 365
[162] II. Effects of Termination of Leasehold Rights 368
Part 4 Collateral Rights
Chapter 1 General Introduction
[163] I. The Significance and Social Function of Collateral Rights 375
[164] II. Physical Collateral System 378
[165] III. The Essence of Collateral Rights 382
[166] IV. Characteristics of Collateral Rights 383
[167] V. Effect of Collateral Rights 385
[168] Ⅵ. Ranking of Collateral Rights 386
Chapter 2 Right to custody
Section 1 General Provisions
[169] I. The Significance and Social Function of Kindergarten 387
[170] II. Legal Nature of Child Protection Rights 389
Section 2 Establishment of child custody rights
[171] Requirements for the establishment of a right of custody 391
Section 3 Effect of custody rights
[172] I. Rights of the child caregiver 396
[173] II. Obligations of the Parent 403
Section 4. Extinction of right of custody
[174] I. General reasons for termination of child custody rights 403
[175] II. Special reasons for termination of kindergarten rights 404
Chapter 3 Right of pledge
Section 1 General Provisions
[176] I. The Meaning and Function of Mortgage Rights 406
[177] II. Legal Nature of Mortgage 408
Section 2 Mortgage of Movable Property
Article 1 Establishment of Mortgage Rights
[178] I. Mortgage Agreement 410
[179] II. Delivery of the Objective Property 412
[180] III. Object of Mortgage (Pledged Property) 413
[181] Ⅳ. Claims for which a movable lien can be established (secured claims) 414
[182] V. Statutory Lien 415
Article 2 Effect of Mortgage of Movable Property
[183] I. Scope of the Effect of Mortgage Rights 416
[184] II. Childish Effect 419
[185] III. Preferential Payment Effect 420
[186] IV. Pledge of the Mortgage Holder 422
[187] V. Effect of Infringement of Mortgage Rights 425
[188] Ⅵ. Obligations of the Pledgor 427
Article 3 Extinction of Mortgage Rights
[189] Extinction of Mortgage Rights 427
Article 4. Pledge and exchange of movable property represented by securities
[190] I. Mortgage of movable property by securities 428
[191] II. Wreath 430
Section 3 Lien
Chapter 1 General Provisions
[192] I. The Meaning and Function of Lien 431
[193] II. Nature of Lien 432
[194] III. Purpose of Lien 432
Article 2 Lien
[195] I. Establishment of a lien on a bond 433
[196] II. Effect of Lien 437
Article 3 Other Rights and Liens
[197] I. Lien on Stocks 441
[198] II. Lien on Intellectual Property Rights 442
Chapter 4 Mortgage
Section 1 General Provisions
[199] I. The Significance and Social Function of Mortgage Rights 444
[200] II. Legal Nature of Mortgage 447
Section 2 Establishment of Mortgage
[201] I. Introduction 449
[202] II. Mortgage Agreement 449
[203] III. Mortgage Registration 450
[204] Ⅳ. What can be the object of a mortgage 451
[205] V. Claims subject to mortgage (secured claims) 452
[206] Ⅵ. Right of real estate construction contractor to claim mortgage 453
[207] VII. Establishment of Statutory Mortgage 454
Section 3 Effect of Mortgage
Article 1 Scope of the effect of mortgage
[208] I. Scope of Secured Claims 454
[209] II. Scope of Object 456
Effect of receiving priority payment under Article 2
[210] Ⅰ. The mortgagee receiving payment of the secured debt 461
[211] II. Priority of Mortgageeers 463
Article 3 Enforcement of Mortgage
[212] I. Introduction 469
[213] II. Enforcement of mortgage by mortgage auction 469
[214] III. Mortgage execution without a mortgage auction: 474 per user
Article 4 Mortgage and Usufruct
[215] I. General Usufruct Relationship of Mortgaged Real Estate 476
[216] II. The Relationship Between Mortgage and Usufruct 477
[217] III. Statutory Ground Rights 478
[218] Ⅳ. Right to auction buildings on mortgaged land 486
[219] V. Status of Third-Party Acquirer 488
Article 5 Remedies for Infringement of Mortgage Rights
[220] I. Special Characteristics of Mortgage Infringement 490
[221] II. Various Relief Methods 491
Section 4 Disposition and Extinction of Mortgage
[222] I. Disposition of Mortgage 494
[223] II. Extinction and Cancellation of Mortgage Rights 497
Section 5 Joint Mortgage and Collateral Mortgage
[224] I. Introduction 499
[225] II. Joint Mortgage 499
[226] III. Mortgage 509
Section 6 Mortgage under special laws
[227] I. 531
[228] II. Mortgage on Trees 531
[229] III. Mortgage of Movable Property 532
[230] IV. Factory Mortgage and Foundation Mortgage 534
Chapter 5 Mortgage Rights and Debt Security Rights
Section 1 Introduction
[231] I. Introduction 538
[232] II. Main Features of This Act 538
Section 2 Mortgage rights in movable property
[233] I. The Meaning and Establishment of Mortgage Rights 540
[234] II. Contents and Effects of Mortgage Rights 543
[235] III. Enforcement of Mortgage Rights 545
[236] IV. Joint Collateral 548
[237] V. Collateral Rights 549
[238] Ⅵ. Good faith acquisition 549
Section 3 Security Interest
[239] I. Establishment of a Secured Debt Right 550
[240] II. Effect of Registration of Secured Debt 551
[241] III. Applicable Regulations 553
Section 4 Registration of Collateral
[242] I. Governing Body and Jurisdiction 554
[243] II. Registration methods and procedures, etc. 554
Section 5 Special provisions regarding intellectual property security rights
[244] Intellectual Property Rights Security Rights 555
Chapter 6. Registered Collateral and Transfer Collateral
Section 1 General Provisions
[245] I. The Significance and Function of Atypical Collateral 557
[246] II. Various Types of Atypical Collateral 558
[247] III. Regulations on Atypical Collateral 560
Section 2. Registered Collateral
Chapter 1 Introduction
[248] I. The meaning and function of registered collateral 562
[249] II. Nature of Registered Collateral 566
Article 2 Establishment and transfer of provisional registration security interest
[250] I. Establishment of a registered mortgage 567
[251] II. Transfer of registered mortgage 570
Article 3 Effect of provisional registration security interest
[252] I. General Provisions 571
[253] II. General Effect 572
[254] III. Execution of a Registered Mortgage 573
[255] Ⅳ. Participation of registered mortgage holders in distribution at auction 583
Article 4 Extinction of Pre-registered Security Interest
[256] Extinction of a registered mortgage 585
Section 3 Assignment of Collateral
Chapter 1 General Provisions
[257] I. The meaning and function of transferable collateral 586
[258] II. Legal Structure of Assignment of Collateral 589
Article 2 Establishment of Transfer Security Rights
[259] Establishment of a transferable security interest 595
Article 3: Internal Effects of Assignment of Security Rights
[260] I. Scope of effect 600
[261] Ⅱ. Utilization of Objects 601
[262] III. Obligation of the assignor and settlor to keep the object of the assignment 601
Article 4 External Effects of Assignment of Security Rights
[263] I. Effect of disposition prior to the arrival of the payment period 602
[264] II. Relationship with General Creditors 605
[265] III. Infringement by a Third Party 608
Effect of receiving priority payment in Article 5
[266] I. General Provisions 608
[267] II. Execution of Assignment Security Rights 609
Article 6 Extinction of Assignment Security Rights
[268] Extinction of Assignment Mortgage Rights 611
Appendix 615
Index of Condolences 629
Case Index 635
Item Index 648
Detailed image
GOODS SPECIFICS
- Date of issue: March 15, 2024
- Page count, weight, size: 696 pages | 176*248*35mm
- ISBN13: 9791130346106
- ISBN10: 1130346102
You may also like
카테고리
korean
korean
![ELLE 엘르 스페셜 에디션 A형 : 12월 [2025]](http://librairie.coreenne.fr/cdn/shop/files/b8e27a3de6c9538896439686c6b0e8fb.jpg?v=1766436872&width=3840)
