유치권이 있는 부동산의 경매와 유치권의 저당권에 대한 대항력

Auction of Immovables With Right of Retention

According to Chapter 7 of Korean Civil Code, if a possessor of movables, immovables, or valuable instruments belong to another person has any claim arising, in respect of such property or instruments, and if payment of the claim is due, he may retain possession of the thing or instruments until the claim is satisfied. And the §320 of the code describes the possessor’s right as “Retention Right.” A retention right holder may sell the retained thing at an auction in satisfaction of his claim. By the way, the auction requested by a retention right holder is discriminated from the auction which is held by request of any other security right holder. Consequentially the auction of immovables requested by the right holder of retention should be differentiated from the auction of immovables attached with retention requested by any other right holder. It is, therefore, in accordance with reason that Part 3 of Korean Civil Execution Act regulates the procedures of the auctions differently. This paper focuses on comparison the retention right holder’s position between the immovables auctions. It also introduces of changes of the retention right system under the 2013 Amendment of Korean Civil Code and Korean Civil Execution Act.