유치권자에 의한 경매신청

• 영문명: Application of auction by Lien
• 발행기관: 한국재산법학회
• 저자명: 추신영(Choo Sin-Young)
• 간행물 정보: 『재산법연구』財産法硏究 第24卷 第1號, 161~188쪽, 전체 28쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2007.06.30

영문 초록

  The possessor of property or securities belonging to another person has any claim arising in respect of such property or securities and if payment of the claim is due, he may retain possession of the property or securities until the claim is satisfied. A lien having a right of retention may sell the property retained at auction in satisfaction of his claim. A lien is a legal mortgage in the Korea Civil Law.
  §274 Ⅰ Civil Execution Law is prescribed in practical application in the application of auction of mortgage. Auction of mortgage is recognized at the extinction principle and request of allotment.
  But, A majority theory is recognized at application of auction by lien, what is the auction for conversion into money. Therefore, An extinction principle and request of allotment not be recognized. Application of auction by lien is not auction for conversion into money but auction for securityright.
  I think, Legal nature of application of auction by lien is application of auction by mortgage. Therefore, Application of auction by lien is recognized the legal effect of attachment, request of allotment and extinction principle.
  There is a great difference between application of auction by lien and application of auction for conversion into money. First, Application of auction by lien is revealed in the money of credit. But, Application of auction for conversion into money is not revealed in the money of credit. Second, Korea Civil Law is prescribed at the application of auction for lien. It is trace a parallel between lien and another security interest.
  An object of auction is satisfaction of creditors and protection of debtors. Especially, Lien have not registered in the register. So that, Purchaser can not buy at the Real Estate. Therefore, Creditor can not satisfaction and debtor can not puy back what debtor"s owes. For that reason, A lien is that not registered in the register, A lien must become extinct.
  A great problem in the lien that was disguise lien. An example, The construction expenses of builder for the remodeling is a subject of lien. Then, Building owner and builder become inflated at the construction expenses. For that reason, Purchaser can not buy at the lien in the building.
  The Civil Execution Law not be recognized the request of allotment by another creditors. It is mean that lien appear after a close of auction. This is due to acceptance principle that I insist on the restrictions extinction principle.

목차

Ⅰ. 서론
Ⅱ. 유치권의 법적 성질
Ⅲ. 유치권자가 신청한 경매절차
Ⅳ. 결론
참고 문헌
〈Abstract〉

키워드

유치권 민사집행 소멸주의 인수주의 배당요구 경매 환가를 위한 경매 만족을 위한 경매 압류의 효력 매수인 lien civil execution extinction principle acceptance principle request of allotment auction auction for conversion into money auction for securityright legal effect of attachment purchaser