earticle

영어

There has been a trend of increasing margin transactions in credit at most of the financial institutions in Korea. But the mortgage credit trading still accounts for a big portion. In particular, real estate is the first candidate for mortgage. Such kind of impersonal mortgage is favored in all kinds of transactions at financial institutions in that it's relatively expensive compared to other types of property and they get repaid prior to general creditors. Given that real estate is preferred as mortgage in credit trading and most credit bonds are collected via real estate auctions, it's only natural to focus on compulsory execution of real estate in discussing compulsory execution in general. Accordingly most of the efforts and researches to collect credit bonds evolve around execution of real estate and the resulting dividends, which makes it rather unnecessary to identify and explore other types of property for compulsory execution. But it's inevitable to accept the everlasting existence of default and the resulting accumulation of bad debt. Then does the ultimate answer to bad debt in credit trading lie in setting enough mortgage to prevent any happenings of bad debt? In this study the overall contents of returning amount of national tax as floating collective bond were reviewed, and its benefits as property for compulsory execution were examined. Then its potential of guarantee for transfer as a pre-management means and of compulsory execution as a postmanagement means was considered. The goals were thus to contribute to expansion of property scope for compulsory execution and to discussion of related legal issues. The results will help add one more category of property for compulsory execution and the returning amount of national tax will become common objects of compulsory execution and guarantee for transfer. In the future more research efforts should be made to examine floating collective bonds whose kinds are expected to be limitless in the business and their possibility for compulsory execution.