지원사업
학술연구/단체지원/교육 등 연구자 활동을 지속하도록 DBpia가 지원하고 있어요.
커뮤니티
연구자들이 자신의 연구와 전문성을 널리 알리고, 새로운 협력의 기회를 만들 수 있는 네트워킹 공간이에요.
초록· 키워드
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In the case of the right of lease which is established with mortgage is registered with right to lease on a deposit basis, the Supreme Court insist that the validity of right to lease on a deposit basis mortgage with no clear explanation whether it is valid or not, if person with a right to lease on a deposit basis is good faith, the right to lease on a deposit basis is valid that the delay rent is not able to be deducted with false expression theory. When it comes to malice, the right to lease on a deposit basis mortgage is able to be deducted However, according to the false expression theory, when it comes to malice, this is invalid that if the right to lease on a deposit basis mortgagee is malice, it is regarded invalid. This paper supports the valid position of Supreme Court that the right to lease on a deposit basis mortgagee is malice, even if it is different with the parties. Even if support the Supreme Court`s opinion, it is hard to support to exclude all deduction of delay rent. Instead, it is regareded a person who set the right to lease on a deposit basis can insist deduction to the right to lease on a deposit basis mortgagor about the delay rent which has occurred at least before a person who set the right to lease on a deposit basis inform a fact of setting mortgage because the effect of false expression not substitute a truth rental contract for a lease on a deposit basis contract. About a execution method for the right to lease on a deposit basis mortgagee when the right to lease on a deposit basis has expired, the Supreme Court regarding the method should be execution of a bond method applying the rules of dingliche Subrogation. However, the right to lease on a deposit basis mortgagor can directly claim the deposit money to a person who set the right to lease on a deposit basis after inform the truth of setting mortgage to a person who set the right to lease on a deposit basis applying the rule of unique pledge of a claim about the bond as a security right based on the Civil Law Act because even if the right to lease on a deposit basis has expired, only the rights of usufruct has expired but real rights granted by way of security still lasted.
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UCI(KEPA) : I410-ECN-0101-2016-360-002568027