독립성 상실 구분건물에 대한 경매절차와 채권자 보호방안에 대한 연구

초록

This study proposes a method to protect the property rights of creditors who are unable to recover their debts due to the loss of independence during the use of the division building, the inability to recognize the auction procedure, or the cancellation of the auction itself. In order to achieve the purpose of this study, we specifically investigated the auction process of division buildings, analyzed the relevant case law, and examined whether the Korean courts currently recognize the auction of division buildings that have lost their independence. As a result, we found that when an application is made for the auction of a division building, the auction court examines the independence of the auctioneer through an investigation after the decision to start the auction, and if the court finds that the auctioneer has lost independence, it dismisses the application or cancels the auction. There are also cases that have recognized auctions for division buildings that have lost their independence, and there is a trend to protect the property rights of creditors by amending the Collective Building Act to recognize auctions. However, there are still cases in which the court dismissed the auction application for a division building that has lost its independence or canceled the auction according to the auction procedure. Therefore, it is necessary to propose measures to protect the property rights of creditors, so that creditors who are unable to collect their debts or who have lost their debts can apply for compulsory bankruptcy based on the Debtor Recovery Act, and apply the discretionary sale method of real estate, which allows for a higher price than the auction process. It also confirmed that the compulsory bankruptcy system is recognized by the law and that the compulsory bankruptcy system is more favorable to creditors as well as debtors compared to the compulsory enforcement under the Civil Administration Act, and suggested that the bankruptcy trustee should be selected with expertise in the future, given the important role of the bankruptcy trustee in the implementation of the compulsory bankruptcy system.

키워드