한국과 미국의 부동산법제에 관한 비교연구 (2)

Comparative Research of Real Estate Laws in Korea and U.S. (2) - On Judicial Foreclosure -

1. CONTENTS (1) RESEARCH OBJECTIVES The purpose of this study is to compare the real estate executive proceedings of U.S., particularly judicial foreclosure out of such proceedings centered on mortgage with those of Korea. (2) RESEARCH METHOD This study in conducted by field investigation and confirmation of practical contents after access to relevant webpages, s well as domestic ad foreign literature review. (2) RESEARCH FINDINGS The results of this study may present an opportunity not only to simply compare real estate foreclosure but to consider what to improve in foreclosure system. 2. RESULTS First, the judicial foreclosure in U.S. laws (the State of New York) is similar to foreclosure proceedings of Korea because in requires participation of the court. Second, the judicial foreclosure in U.S. laws in different from that of Korea because in selects a principal of acceptance, it does not have minimum sale institution, and does not require investigation of the status, real estate appraisal, and specification. Third, the judicial foreclosure in U.S. laws is more able to occur damage to the interested parties due to shortage of information presentation on the parties, while from the external aspect, the rapidity in the proceedings may be secured more than that of Korea. Fourth, the difference between the real estate foreclosure proceedings of Kora and the judicial foreclosure in U.S. laws in surrounded environments should betaken into sufficient consideration when American institutions are referred to. In particular, further studies on other states are needed because real estate foreclosure laws are different from states.