특별기고 3 : 不動産競賣에 있어서 住宅賃借人 保護에 관한 硏究

Study on House Hirer"s Protection in Auction

&nbsp;&nbsp;1. CONTENTS<BR>&nbsp;&nbsp;(1) RESEARCH OBJECTIVES<BR>&nbsp;&nbsp;When hirer of house which have line order mortgage pays line order mortgage to keep opposing power, Problem that control interests between hirer with purchaser and At auction formality to protect hirer, it is purpose that study problem that give it to hirer right to dispose lease house by auction.<BR>&nbsp;&nbsp;(2) RESEARCH METHOD<BR>&nbsp;&nbsp;Method of study is abreast of theoretical and positive method.<BR>&nbsp;&nbsp;(3) RESEARCH RESULTS<BR>&nbsp;&nbsp;When there is line order mortgage to lease house, If hirer pays line order mortgage, it recovers opposing power. In this case, purchaser succeeds hirer&quot;s position, is put to disadvantageous position. Therefore, it needs to regulate profit between purchaser with hirer. Also, serve hirer&quot;s position reinforcement, there is necessity to give right that dispose lease house by auction to hirer.<BR>&nbsp;&nbsp;2. RESULTS<BR>&nbsp;&nbsp;When have line order mortgage, hirer recovers opposing power by paying mortgage. In this case, it needs regulation of profit between purchaser with hirer.<BR>&nbsp;&nbsp;That is, there is problem that do "When is time that hirer can pay line order mortgage and recover opposing power?" and "When house hiring recovers opposing power, how are you going to protect purchaser?".<BR>&nbsp;&nbsp;Before price obtained at a public sale is paid, we must see that hirer can pay line order mortgage and recover opposing power. Price obtained at a public sale by being paid, it is because right for object changes.<BR>&nbsp;&nbsp;If hiring of house recovers opposing power, purchaser succeed to right of lease of house. In this case, purchaser&quot;s protection becomes an issue.<BR>&nbsp;&nbsp;Divide on case that divide price obtained at a public sale and case that do not divide, m case apportion once we protect purchaser applying responsibility for security regulation of civil law article 578 and In case, applying analogizing civil affairs execution law article 127 first clause, that do not apportion price, we must grant right of rescission of successful bid to purchaser.<BR>&nbsp;&nbsp;Also, we must recognize right to do disposition by public sale about lease house to hirer in retiring security. By recognizing right to do disposition by public sale for lease house, hirer&quot;s position stabilizes more, and stabilized housing life of hirer may be guaranteed still more.