부동산경매에서 유치권의 개선에 관한 연구

A Study on the Improvement of Lien in the Real Estate Auction Process

The purpose of this study is to improve the problems of Lien in the Real Estate Auction Process. The study was done in following process. First, the literatures on this subject were investigated to seek the problems of Lien in the Real Estate. Second, Survey were done on the staff, who works in the Auction and whose jobs are officer, consultant, real estate introducer, toseek problems and solution of the Lien. Followings are suggested for improvement of the issues. First, the current real estate auction process would be revised. The investigation on currentlien would be reinforced and better public reliability would be achieved by including the lienrelated facts in the Auction Objects List. Second, the abstract character of the lien would be improved. The types of occupation would be defined in the law as examples, or, the lien would be registered by introducing the ‘lien registration order’, ‘court lien’ or ‘mechanic’s lien’ so that the lien would be announced to the public. Third, if the person with lien did not report his/her right until the last day of allotment request period, buyer would not be required to take over the lien. Then the person with lien will actively participate in the auction together with the buyer and the instability of auction process due to the uncertainty regarding lien would be improved. Fourth, criminal law enforcement such as ‘crime of interfering with auction’ would be actively enforced to promptly resolve the issues caused by false reporting or abuse of lien reporting.