유치권 관련 소송당사자의 부담액 추정에 관한 연구

A Study on the Cost Estimations of both Parties in a Law for a Mechanic's Lien

This study is intended to help understand the urgency of amendment of the lien system by analyzing the litigation case related to the lien and identifying the degree of litigants' burden appearing in the current lien system. It analyze to investigate the present situation of the auction market collected from the private auction information firm and the present situation of each lien reported of all bidding cases. They are used as basic data needed to analyze an effect of the report of the lien on the object for bidding. For the purpose of case analysis, this study selected the litigation cases judged at the Seoul High Court and the Seoul Central District Court and all of 18 bad lien cases surveyed on the field for the analytical purpose. It attempts to classify the grounds for affirmation and disaffirmation of each type of liens appearing in the litigation cases of the object on whose lien is reported and investigate the major characteristics of the cases decided for the existence of the lien. It presents the urgent need to improve the current lion system by surveying the form of possession of the object by the lienor and the reported amount of the lien by use and case of the object for the bidding, and calculating and presenting the damage or burden of the litigants arising from the report of the lien. This study has some limitation in investigating the contents of the lawsuit for which the lien is reported and in making a general calculation of the degree of dropping prices of the object whose lien is reported and the amount borne by the litigants in analyzing the collected data. It has another limitation in analyzing the three-dimensional analysis of the variable.