중국 부동산 경매제도에 대한 연구

A Study on the Real Estate Auction System in China

The paper provides an analysis of the real estate auction system in China, and comparisons against Korea with examples. Although the procedure of the real estate auction system in China is similar to Korea, its detailed contents are significantly different between two countries. The purpose of this paper is to look the relevant statutory provisions of real estate auction system, parties to auction, auction procedure, etc. The comparative analysis of two countries real estate auction system makes clear the characteristics on China s real estate auction system. The differences of two countries system are as follows. Firstly, the relevant statutory provisions of China s real estate auction system exists, but it still has not been sorted out systematically. Secondly, unlike Korea, the auctioneer which is an enterprise legal person in China advances auction between court and vendee. Thirdly, Sale of immovables shall follow the method of the quoted auction in China, while it shall follow the method of the date auction in Korea. Fourthly, The auctioneer in China shall announce the opening of an auction seven days prior to the date of auction. On the other hand, the court in Korea shall announce the opening of an auction fourteen days prior to the date of auction. Consequently, many ordinary people can t participate in sale of immovables because they are limited to acquire the information of real estate auction in China. Fifthly, the striking characteristics of China s auction procedure is virtually free from risk of real estate rights analysis and eviction. Since there are no similar researches conducted on this field, this paper initially analyzes the basic materials on the real estate auction system in China. In conclusion, this paper clarifies the contents and characteristics on China s real estate auction system. It will be very useful to Korean investors in China and researchers on this field.