競賣 不動産의 權利分析과 收益性 分析에 관한 硏究 : 實際 事例를 中心으로

민법상 법정지상권의 성립요건과 내용 및 처분 관련 법리를 연구했다.

Real estate auction in court performs its proper role as one means for real consumers to purchase their own houses or for investors's financial techniques. All the people participating in the tender do not achieve their purpose. In some cases, some meet with failure by making a wrong title analysis sometimes and neglect to grasp the trends of the market price. The reason is that investors make a wrong title analysis due to the wrong knowledge of auction or make a value analysis of real estate itself.

In the individual investment activity called financial technology, people have a high interest in the real estate commodity that can maximize investment profit while minimizing the risk, the general tendency of investment and choose the real estate for sale at auction in court as the object of this investment. Thousands often of real estate are transacted in courts around the country every month, and its amount is tremendous. The auction procedures are simplified through the enactment of the Civil Enforcement Law in July 2002 and the revision of the provisions of related laws and the investment risk was lowered.

Nevertheless, thorough prior survey and legal and economic analysis are required because general people's auction investment has the great risk compared to general real estate. This study attempted to investigate the auction procedures, title analysis and profit through case study at the practical level in keeping with the age of auction popularization. This study attempted to summarize the contents of this thesis: In the Case 1, collateral security of Korea Housing Bank in Sept6, 1995 becomes the right of extinguishment of the highest priority.

Therefore, the collateral security, provisional attachment, the registration of application for voluntary auction all are extinguished since the successful bidding, and so the successful bidder has no right to take them over. The successful bidder spent a total of 43,000,000won as the amount of the real estate knocked down, the acquisition tax and the registration tax(6% of the amount of the real estate knocked down). In the liquidity part, the current tenant required the choose contract to be concluded.and the lessor made the contract for key money of 43,000,000won and recovered the total cost.

The successful bidder predicted the upturn of the real estate market in the future and reserved the immediate sale of the real estate knocked down. Afterwards, the successful bidder sold the article knocked down in Apr, 2003 for83,000,000won and got the profit of 40,000,000won. In the Case 2, the collateral security of National Agricultural Cooperative Federation in Apr 3, 1984 becomes the right of extinguishment of the highest priority. Therefore, the collateral security or the registration of application for voluntary auction all are extinguished since the successful bidding, and so the successful bidder has no right to take them over.

The successful bidder spent a total of 77,040,800won as the amount of the realestate knocked down, the acquisition tax and the registration tax(6% of the amount of the real estate knocked down). In the liquidity part, the successful bidder recovered the key money of15,000,000won and so earns the lease income of 550,000won a month. 62,040,800won except monthly rental was required as total investment cost. The market price of the article as of Spring,2003 286,000,000won(area of 22pyong, price per pyong equal to 13,000,000won), and the successful bidder knew that this area would be the one intended for reconstruction and decided to hold it for a long time.

As predicted, the reconstruction association was established and the developer presented 145% of gratuitous share to the successful bidder. In the Case 3, the collateral security of Readjustment Corporation in Apr 3, 1984 becomes the right of extinguishment of the highest priority. Therefore, the collateral security, attachment, provisional attachment or the registration of application for voluntary auction all are extinguished since the successful bidding, and so the successful bidder has no right to take even the lease over.

The successful bidder spent a total investment cost of 224,296,000won including 211,600,000won as the mount of the realestate knocked down, the acquisition tax and the registration tax(6% of the amount of the real estate knocked down). Currently, the successful bidder lives in this apartment, the article knocked down. Its market price is 350,000,000won and chose accounts for 200,000,000won. In the Case 4, the provisional attachment of Daewoo Motors distributor concluded in Feb 26, 1999 becomes the right of extinguishment of the highest priority.

Therefore, the collateral security, attachment, or the registration of application for voluntary auction all are extinguished since the successful bidding, and so the lessee has no preferential right to receive payment and has no right to take it over. The successful bidder spent a total investment cost of about 79,800,000won including the amount of the real estate knocked down, the acquisition tax and the registration tax and the like(6% of the amount of the real estate knocked down). In the liquidity part, the real investment amount accounted for 47,800,000won except 32,000,000won. As of Apr,2003, the article knocked down formed the market price of20,000,000won.

As seen in the above cases, any of general investors can generate profits if they are equipped with the ability to make an accurate analysis of several legal problems that may arise from the auction procedures and the article knocked down, and auction is thought to be the best means for financial technology. In relation to the bidding system, the new Civil Enforcement Law requires that the closing day of requirement for dividend advance to before the time appointed for handing in tenders since July, 2002. Thus those participating in auction have come to be able to participate in auction at the state that the condition for their sale is determine

목차 = ⅰ 第1章 序論 = 1 第1節 硏究의 目的 = 1 第2節 硏究의 範圍 및 方法 = 2 第2章 不動産 競賣制度에 관한 一般的 考察 = 4 第1節 不動産 競賣의 槪念 = 4 1. 不動産 競賣의 槪念 = 4 2. 不動産 競賣의 4 關聯主體 = 5 3. 不動産 競賣의 對象物 = 5 第2節 不動産競賣의 分類 = 6 1. 强制競賣와 任意競賣 = 6 2. 새매각와 再賣却 = 8 3. 分割賣却와 一括賣却 = 10 第3節 民事執行法에 의한 不動産 競賣의 節次 = 11 1. 競賣申請 및 入札 = 11 2. 賣却許可決定과 抗告 = 17 3. 代金納付와 所有權移轉登記 囑託 = 20 4. 配當 = 23 5. 引渡命令 및 明渡訴訟 = 30 第4節 民事執行法의 改編에 파른 變更內容 = 33 1. 民事執行法 制定 = 33 2. 民事執行法에 따른 用語의 變更 = 34 3. 民事執行法의 變更된 主要 內容 = 35 第3章 民法에 의한 權利分析 = 36 第1節 槪念 = 36 第2節 物權과 債權 = 37 1. 物權과 債權 槪念 = 37 2. 物權과 債權의 差異點 = 38 第3節 權利分析의 對象權利 = 39 1. 占有權 = 39 2. 所有權 = 40 3. 用益物權 = 40 4. 擔保物權 = 44 5. 其他權利 = 45 第4節 特別法인 住宅賃貸借保護法과 商街建物賃貸借保護法 = 50 1. 住宅賃貸借保護法 = 50 2. 商街賃貸借保護法 = 55 第4章 事例를 통한 權利分析과 收益分析 = 61 第1節 아파트 사례 A = 61 第2節 상가 사례 = 67 第3節 아파트 사례 B = 73 第4節 재건축 아파트 사례 = 79 第5章 結論 = 85 參考文