부동산경매시 위험요소분석에 관한 연구

Abstract

ABSTRACT

Analysis of the Risky Factors in the Real Estate Auctions

Yeo, Jae Hyun Major in Real Estate Policy Graduate School of Public Administration Hanyang University Supervised by Prof. Cho, Sung - Min

Acquisition of the real estates through auctions is now recognized not as certain people's monopoly but as means of ordinary people's housing ownership or financial technique, being more and more popular. However, due to the complicated problems involving the real estate auction, it is a taboo to participate in the bidding unconditionally without precise analysis of rights or real estates put on auction. For you may suffer mental and material loss even due to a trifle mistake. Accordingly, in order to participate in the real estate auctions, you should be well versed in law, being armed with the ability to judge about various rights. Now, a basic analysis of the real estate rights cannot ensure a successful real estate investment, while it is rather difficult to analyze the real estate rights in auction. The purpose of this study was to precisely analyze and judge the risky rights and thereby, suggest the ways to prevent the additional financial burden or the unnecessary lawsuits after acquisition of the real estates through auction. For this purpose, the researcher reviewed various literature and dissertations as well as Supreme Court cases to examine the basic theories about definition, types and procedures of auction, and thereupon, analyzed and judged the various real estate rights either factual or registered, and thereby, suggested the techniques of analyzing the rights conducive to decision-making on participation in the bidding, and then, examined the cases to understand and analyze the risky rights precisely. The results of this study can be concluded as follows; First, it is essential to examine the registered rights and the current conditions of the target real estate to identify risky rights or factual conditions and then, judge whether they can be solved or not. Next, it is necessary to identify the rights to be effaced and those succeeded to the successful bidder. The examples of the rights to be effaced are (collateral) security, (provisional) seizure, provisional registration for security, registration about start of the auction, etc. Among them, the right registered first would be the reference right to be effaced. The reference right to be effaced and those rights registered thereafter would be effaced upon completion of the auction, while the rights registered before it would be succeeded by the successful bidder. In addition, not only such rights registered before the reference right but also the tenants' rights defendable against the bidding should be succeeded by the successful bidder. As discussed above, analysis of the rights registered may be the basic analysis of rights. This study focused on not only these rights but also those rights which might cause a great loss to the successful bidder if they should not be correctly analyzed. The examples of such rights are the rights 'which may efface the right of ownership' (preferred provisional registration, provisional disposition, redemption right, notice registration), the rights 'which may give additional burden to the successful bidder' (lien, defendable housing or commercial building tenants, preferred lease right) and the rights 'which may limit successful bidder's use of the real estate' (legal superficies, preferred superficies, easement, traditional tomb right). Such risky rights need to be examined in advance to prevent auction participants' unexpected loss. All in all, this study carefully analyzed the risky factors in analysis of the rights for the real estate put on auction and thereby, identified the legal, economic and technical defects immanent in the real estates put on sale, and thereby, explored some safe and effective ways to acquire the real estates through auction.