부동산경매에서 유치권의 개선에 관한 연구

• 영문명: A Study on the Improvement of Lien in the Real Estate Auction Process
• 발행기관: 한국부동산정책학회
• 저자명: 유영수(Yoo, Young-Soo) 고덕균(Ko, Duk Kyun)
• 간행물 정보: 『부동산정책연구』제13집 제2호, 89~116쪽, 전체 28쪽
• 주제분류: 사회과학 > 정책학
• 파일형태: PDF
• 발행일자: 2012.12.20

영문 초록

The purpose of this study is to improve the problems of Lien in the Real Estate Auction Process. The study was done in following process. First, the literatures on this subject were investigated to seek the problems of Lien in the Real Estate. Second, Survey were done on the staff, who works in the Auction and whose jobs are officer, consultant, real estate introducer, toseek problems and solution of the Lien. Followings are suggested for improvement of the issues. First, the current real estate auction process would be revised. The investigation on currentlien would be reinforced and better public reliability would be achieved by including the lienrelated facts in the Auction Objects List. Second, the abstract character of the lien would be improved. The types of occupation would be defined in the law as examples, or, the lien would be registered by introducing the ‘lien registration order’, ‘court lien’ or ‘mechanic’s lien’ so that the lien would be announced to the public. Third, if the person with lien did not report his/her right until the last day of allotment request period, buyer would not be required to take over the lien. Then the person with lien will actively participate in the auction together with the buyer and the instability of auction process due to the uncertainty regarding lien would be improved. Fourth, criminal law enforcement such as ‘crime of interfering with auction’ would be actively enforced to promptly resolve the issues caused by false reporting or abuse of lien reporting.

목차

Ⅰ. 서론

Ⅱ. 경매에 대한 이론적 고찰

Ⅲ. 유치권제도의 문제점과 제도개선 방안

Ⅳ. 결론

참고문헌

키워드

Real Estate Auction Process Lien Rights Report Civil Enforcement