유치권의 경매에 관한 연구

• 영문명: A Study on a Lien Auction - Licensee’s Right to Apply for the Auction Event, Attracting around -
• 발행기관: 한국부동산학회
• 저자명: 장건(Jang, Geon)
• 간행물 정보: 『부동산학보』不動産學報 第48輯, 134~150쪽, 전체 17쪽
• 주제분류: 경제경영 > 경제학
• 파일형태: PDF
• 발행일자: 2012.03.31

영문 초록

1. CONTENTS (1) RESEARCH OBJECTIVES By a lien filed against problems in the auction that looks to the discussion is rather scarce, the new thinking on this issue as a legal perspective he does not mind trying to access is necessary. (2) RESEARCH METHOD Cases filed by the lien auction and the auction about the current problems in practice to analyze and propose legislative solutions to the problems revealed. (3) RESEARCH FINDINGS To apply for a lien by the auction if the auction is in progress, as the trailing of the procedure causes other mortgages that are causing the gyeongmaena decision of the auction via the auction, if the application process, without being bound by the lien of the leading self-applied proceeds of the auction process should be the same. 2. RESULTS Article 274 states that the Civil Execution Law, Any auction under a lien and an auction under the conditions as prescribed by the Civil Act, Commercial Act and other Acts (hereinafter referred to the auction under the lien, etc.), shall be executed in conformity with the example of an auction to exercise the security right. In case where a compulsory auction against an auction procedure for exercising the security right thereto has been commenced, the auction procedure under the lien, etc. shall be suspended, and such procedures shall be continuously progressed for the sake of the creditor or the person holding the security right. In the case of paragraph (2), if a compulsory auction or an auction for exercising the security right has been revoked, the auction procedure under the lien, etc. shall be continuously progressed. Therefore, “due to a lien auction” auction or lien in force for the execution to stop it if the auction process initiated by the owner of the auction bid request and ask virtually meaningless stipulation is encrypted. Therefore, Paragraph 2 of many Execution Law No. 274, the provisions of Article 3 of the critical view of many scholars to be the subject of controversial rap, and a new perspective about this law trying to approach it is necessary to Aya.

목차

ABSTRACT

Ⅰ. 서론

Ⅱ. 유치권자의 경매신청권

Ⅲ. 실질적경매와의 경합

Ⅳ. 유치권경매의 문제점과 효용성제고

Ⅴ. 판례의 태도

Ⅵ. 입법론

Ⅶ. 결론

參考文獻

키워드

유치권 부동산경매 담보물권자 견련성 물권 a lien real estate auction the person holding the security right correlation a real rights