부동산 경매에 있어서 채권의 우선순위와 배당의 관계

The Relationship between Priority for Payment and Dividend in the the Process of Real Estate Auctions

The creditors use to ensure the implementation of the debt they have by mortgage. But several acts regulate that same one shall have the right to receive the performance of their claim in precedence to the other creditors. Sometimes they have the right to receive the performance of their claim in precedence to mortgagee. On the other hand, if the object of mortgage is garnished, the priority between a claim for which a seizure has been effected and a claim ensured by mortgage is not obvious. The priority of claims are regulated by laws, there is some problems in detail. Also, if a mortgagee may sell the property retained at an auction in satisfaction of his claim, the money should be distributed according to priority of claim. But in case the creditor would not request for dividend, he pass a dividend. So the priority among claims is not exactly match in dividend. Thus, in this article, the priority of claims are declared by the absolute standard that mortgage become the central judgment of priority.