연구 요약
연구 요지 (AI)
부동산 경매에서 유치권 관련자의 권리 보호 방안을 연구했다.
초록
The remedies on the Lien for Rights Protection of Beneficiary and the Opposite Party in Real Estate Auction Hwang, Jong-Sool Department of Real Estate Graduate Shool of Jeonju University Advised by Professor Min, Gyu-Sik Currently, the environments and management of real estate investment have been changed and will have in many ways. especially, as investment environments get changed toward ones focused on profits in the future, skills and knowledge complex, specialized in them are required because of the complex ownership structure of business related to real estate.
In the course of IMF financial crisis, many Koreans are interested in how to deal with their assets properly to increase them through real estate auction. Real estate auction has some merit that bidders can purchase real estate at the low, reasonable price rather than normal and general price, while because it has some demerit that they can purchase it that has no extinctive right in certified copy of register and that has risk factors such as undertaking of the lessee's security money, participants on real estate auction shall have to pay attention to how to analyze and to bid it . In the process of real estate auction, lien is an intangible reliability as a security system of civil law.
According to Article 91 clause 5 of civil execution law, a buyer will have the responsibility to meet obligation secured on lien but it is said that he will have to take over it because it has no limits to have or not have counterforce. By exploiting the above characteristics, lien holders will cause a normal and general price to significantly go down or a third party to limit in bidding it. Consequently, this will force not only bidders, beneficiaries and the opposite parties to run the considerable damage risk.
Thus, the purpose of this thesis is t, in the process of auction, to make real lien holder, purchaser, creditor and beneficiaries and the opposite parties not be damaged by taking reasonable and alternative steps. This thesis consists of a total of five chapters. First, chapter one is to raise issues and to study the purpose, the scope and methods of research. Second, chapter two is to consider the current real estate auction system in all their bearings on the basis of analyzing the significance, the types and the procedures of real estate .
Third, chapter three is to analyze the significance, the established requirements, the regal effect and extinction, the precedents, and the practices related with lien on the basis of existing literature and statistical analyses. Forth, chapter four is to review the necessity on introduction of public announcement and expiration announcement, and the extensive approval on participation of lien holder concretely. before the public bidding, the disclosure of relevant documents, improvement of papers to be reported, in addition, the introduction of deposition system on security money to one declaring lien. strong penalties to false or exaggerating lien holders, etc.
The last, chapter five is to summarize the above contents and to suggest the alternatives of lien system. This thesis is studied on the basis of the existing domestic and international research papers, books, etc related with lien system . The data in it are collected in the National Assembly, the Supreme Court, Court Administration, related estate auction through Internet sites. consequently, I considered the methods of improvement on lien system on the basis of theoretical and practical data in real estate auction.
발행 정보
2009. 全州大學校 국내박사 학위논문