不動産競買의 制度改善에 관한 硏究 : 市場機能을 中心으로 = (A) Study of Scheme for Improvement of the Real Estate Court auction System : focused on the Function of (Real Estate) Market

부동산 경매제도의 시장 기능을 중심으로 개선 방안을 연구했다.

As it is said that there is a law where a society is, the social system is an outcome of history, it means that a social regulation is necessary as long as the human-being lives in a group. Therefore, a society, growing and being developed, is declined to select and to legislate systems in accordance with its goal , also it compels people not to punish privately each other in order to preserve their right of property. Like above, because a law is existing and is forced to be observed as a social regulation, it must be a standard going well with our social life. In this aspect, the civil affair related law can be said to have the closest connection with our social life.

Especially because the code of civil affair procedure has much relation to our right of property, it is never extreme saying that the real estate court system in the Code of Civil Procedure takes the most important position ; the target real estate court system is more economically valuable and has more complicated law relationship than any other right of property , lots of interest — related parties are implicated keenly. The very importance is that the court auction system turns the target real estate into money, clearing off the whole relationship between creditor and debtor, satisfying people who are related to the target real estate.

In this point of view, we have to think about the way to gratificate the general profit — implicated parties. It is because the court auction process on the code of Civil Procedure under the current auction system Code is being regarded more importantly than the real estate disposition process on market principle But if the real estate is not sold on right time and price, the auction procedure get into uselessness in result, it means if nobody bid or if the eviction for the occupants of real estate have a problom , the property might be sold in low price, resulting in a lot of economical loss for both debtor and creditor.

Now that the situation is like above, I think, it is high time that we have to look closely at the present court auction system. What is the role of auction in the market of real estate ? What is the way to improve the position of bidders? In the long run, I believe that the convertion of thought inside law is needed as time goes by. Fortunately, the Court Administration Office is looking over the revision of the Code of Civil Procedure. Many jurges are also paying attention to the matter on process of the code of civil procedure. So I am sure that the system will be improved sooner or latter.

目次 = 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 = 4 第2章 不動産 競賣節次의 -般的考察 = 6 第1節 序說 = 6 第2節 不動産競賣節次 = 9 第3節 擔保權實行을 위한 競賣(任意競賣) = 64 第4節 所有權移轉登記囑託 = 68 第5節 不動産引渡命令 = 79 第3章 市場 參加者 側面에서의 競賣制度 = 85 第1節 換價節次로서의 市場機能 = 85 第2節 法律的 觀點에서의 市場機能 = 86 第3節 市場原理에서의 競賣制度 = 87 第4章 競賣制度의 改善을 통한 市場의 純機能的 役割 附與 = 88 第1節 現行 競賣制度에서의 落札 障碍要因 = 88 第2節 明渡節次의 問題點과 改善方案 = 90 第3節 弘報의 問題點과 改善方案 = 93 第4節 法院 內部 要因의 問題點과 改善方案 = 95 第5章 結論 = 98 Abstract ＝ 102