부동산 경매절차상 허위ㆍ과장유치권 근절을 위한 대책

Lien is a legal collateral security to occupy other’s object, keep the object till the redemption of credit, and compel the repayment of liabilities, and adopts the principle of undertaking, not that of cancellation. Also right relations of real estate seek for the stability of transaction by being publicly announced at the register, while lien has a preferential repayment effect to other real rights as it is a legal collateral security right even though it is not publicly announced. Thus it is difficult to know if lien is real or false in the court auction, resulting in decline of the auctioning price of auction object. As a result, there are many cases that one makes wilful use of this, extends the auction period, and if the auctioning price falls, then makes a huge fortune by purchasing it at a low price. As a solution to such problems of lien, we can think about revising the civil execution law, but this researcher come up with following institutional reform plan. If lien is definitely established at real estate execution procedure, then the creditor, persons interested, and buyer will be all satisfied, and the people will have a positive recognition of the court auction. Ultimately, it will activate national economy, curtail social and economic loss, and enhance out legal culture and set up the foothold of an advanced society.