부동산 경매절차상 허위⋅과장유치권 근절을 위한 대책

• 영문명: Measures on the Untruth and Exaggeration Lien in Estate Execution Procedure
• 발행기관: 한국주거환경학회
• 저자명: 황종술(Hwang, Jong-Sool) 민규식(Min, Gyu-Sik)
• 간행물 정보: 『주거환경(한국주거환경학회논문집)』住居環境 제6권 제2호 (통권 제10호), 97~118쪽, 전체 22쪽
• 주제분류: 사회과학 > 지역개발
• 파일형태: PDF
• 발행일자: 2008.12.31

영문 초록

Lien is a legal collateral security to occupy other's object, keep the object till the redemption of credit, and compel the repayment of liabilities, and adopts the principle of undertaking, not that of cancellation. Also right relations of real estate seek for the stability of transaction by being publicly announced at the register, while lien has a preferential repayment effect to other real rights as it is a legal collateral security right even though it is not publicly announced. Thus it is difficult to know if lien is real or false in the court auction, resulting in decline of the auctioning price of auction object. As a result, there are many cases that one makes wilful use of this, ex tends the auction period, and if the auctioning price falls, then makes a huge fortune by purchasing it at a low price. As a solution to such problems o f lien, we c an t hink about r evising t he c ivil e x ecution law, but t his researcher come up with following institutional reform plan. If lien is definitely established at real estate execution procedure, then the creditor, persons interested, and buyer will be all satisfied, and the people will have a positive recognition of the court auction. Ultimately, it will activate national economy, curtail social and economic loss, and enhance out legal culture and set up the foothold of an advanced society.

키워드

유치권 허위유치권 과장유치권 부동산 부동산경매절차 법원경매 경매대상 가액 l ien untruth l ien exaggeration Lien real estate real estate execution procedure court auction price of auction object