부동산경매제도의 절차상 문제점과 개선방안 (A Study on the Improvement Enforcement of Real Estate Auction System)

서지정보

· 발행기관 : 한국부동산경영학회
· 수록지 정보 : 부동산경영 / 6호 / 233 ~ 252페이지
· 저자명 : 허문수, 이동영

초록

Real estate auction, a way for purchasing real estate, has a strong point- people can purchase real estate it for cheap price, but it has a weak point-people suffers from damage due to difficult right analysis. Recently, end-users through real estate auction have a high concernment. It is why they think auction to be a way of financial technology. But high concernment does not always bring about high success rate. As usual, in markets, there are more people suffering from failure than those who succeed in investment through real estate auction. People’s concernment on real estate auction increases gradually, but real estate auction is not activated, yet.
As a result of material analyses, this thesis leaded to the result as followings.
First, administrative officials have to be given the right of taking in and out, the right of investigation on occupants and debtors, and extensive compelling power to enforce to submit documents and to confirm subjectively inner structure and use. It will enable them to make written present condition.
Second, if an auction procedure, aimed at carrying out legal rights of creditors, should be delayed, trust on national enforcement system is lowered. So, a disturbance of disposal by a complaint has to be got rid of with improved means.
Third, the way to solve unpaid disposal is not standardized between courts. So, the cases have to be solved, basing on supreme regulations, for example the materials have to be disposed by special sale auction, that is, by delay interest rate added.
In the end, as for the status of debtors, a lot of problems on laws relating to the current lease and the procedure of auction are exposed. The debtors’ seniority has to be secured. So, a item has to be established, saying that even if a debtor should win lessor in deposit return demand lawsuit and applies for auction for a real estate, counter power for the thirty party has not to be conceited, if only the lessor should dwell in the house till the time of auction application and deliver the house at the time of auction.
As a result, the real status of the current real estate auction system operation and problems in carrying out it have to be continuously grasped continuously so that the system can be fixed as a system and improvement ways have to be established. Then people can trust the real estate auction system. In the future, the system improvement way has to be explored continuously.

영어초록

Real estate auction, a way for purchasing real estate, has a strong point- people can purchase real estate it for cheap price, but it has a weak point-people suffers from damage due to difficult right analysis. Recently, end-users through real estate auction have a high concernment. It is why they think auction to be a way of financial technology. But high concernment does not always bring about high success rate. As usual, in markets, there are more people suffering from failure than those who succeed in investment through real estate auction. People’s concernment on real estate auction increases gradually, but real estate auction is not activated, yet.
As a result of material analyses, this thesis leaded to the result as followings.
First, administrative officials have to be given the right of taking in and out, the right of investigation on occupants and debtors, and extensive compelling power to enforce to submit documents and to confirm subjectively inner structure and use. It will enable them to make written present condition.
Second, if an auction procedure, aimed at carrying out legal rights of creditors, should be delayed, trust on national enforcement system is lowered. So, a disturbance of disposal by a complaint has to be got rid of with improved means.
Third, the way to solve unpaid disposal is not standardized between courts. So, the cases have to be solved, basing on supreme regulations, for example the materials have to be disposed by special sale auction, that is, by delay interest rate added.
In the end, as for the status of debtors, a lot of problems on laws relating to the current lease and the procedure of auction are exposed. The debtors’ seniority has to be secured. So, a item has to be established, saying that even if a debtor should win lessor in deposit return demand lawsuit and applies for auction for a real estate, counter power for the thirty party has not to be conceited, if only the lessor should dwell in the house till the time of auction application and deliver the house at the time of auction.
As a result, the real status of the current real estate auction system operation and problems in carrying out it have to be continuously grasped continuously so that the system can be fixed as a system and improvement ways have to be established. Then people can trust the real estate auction system. In the future, the system improvement way has to be explored continuously.

참고자료

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