不動産競賣의 未登記 權利分析에 관한 硏究

부동산 경매에서 미등기 권리의 분석과 처리 문제를 다뤘다.

The real estate different from the common goods, requires good amount of money and should be quite serious in the investment. It especially needs to know well the characters and the complicated procedure of the bidding in getting to the aim of the investment.

As the real estate value gets the big money value with the various use it is connected directly and indirectly with lots of laws and restrictions and the public ownership relations, it need to analyze and review the overall problems including the legal problems on the real estate ownership, the problems of the nearby circumstances, the problems of the traffic, the problems of the natural environment, the systems of the political, economic and social culture etc., synthetically to try the stability of the transaction finally through the ownership analysis of the subject real estate.

For the characters of the real estate of the immobility, the non increase and the non reversible, however it emphasis, it does not go far. In the ownership analysis, every ownership registered in the register book can be assorted with the legal knowledge as stated before but the problem is that the analysis of the non registered ownership which has not be registered requires the synthetic way of approach and need the know how got by experience.

To summarize the analysis of these non registered ownership, first, in the legal sides, as the laws of our country does not acknowledge the trustfulness of the registration and thus the stableness of the transaction is interrupted which will arise the various legal problems and further the social problems. Second, as the systematic problem, regarding the rent and tenant, the preference of the right between the proprietorship and other debts and other right in rebus and especially on the establishment of the rights such as lien or the grounding right, they should be analyzed synthetically through the sight survey.

Third, as the technical and the social side, the real estate transaction in this country, there are the transaction through the court house's bidding procedure and the public sale of the tax office (of the local government) and the private transaction. The biggest real estate market of Korea is court's bidding market. Lastly, at the present changing time to be the new economic structure, and among the new currencies of internalization, globalization, information, the effect of the real estate to the economic activity is immense enough.

Meanwhile the great real estate market is court's bidding market and as the court's bidding market which is neglected is settled, and it is much hopeful socially that the court's bidding property tech which has been owned only by the special few is opened and exposed to become generalized and to become publicized. But to the general investors, various complicated ownership analysis is not so easy. And especially, the study on the ownership analysis is the new field of the society and it may require further studies.