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학술논문경영법률2009.07 발행KCI 피인용 2

부동산 경매절차와 체납처분절차의 경합

Concurrence of Auction Process and Process of Delinquency Disposition on Real Estate

김건호(충북대학교)

19권 4호, 543~567쪽

초록

Various practical problems are posed when auction process and process of delinquency disposition on real estate are concurred, because there is no legal provision on adjustment of the two processes. Efforts, time, and cost may be wasted and the position of vendee can be unstable, according to the rulings of the Supreme Court and practical attitudes following such rulings. Also, protection of ordinary bond holders can be insufficient. The only way to solve such problems may be introduction of legislative methods. In Korea, Japanese legislation rather than Germany legislation would be more appropriate and have realistic possibility.

Abstract

Various practical problems are posed when auction process and process of delinquency disposition on real estate are concurred, because there is no legal provision on adjustment of the two processes. Efforts, time, and cost may be wasted and the position of vendee can be unstable, according to the rulings of the Supreme Court and practical attitudes following such rulings. Also, protection of ordinary bond holders can be insufficient. The only way to solve such problems may be introduction of legislative methods. In Korea, Japanese legislation rather than Germany legislation would be more appropriate and have realistic possibility.

발행기관:
한국경영법률학회
분류:
법학

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부동산 경매절차와 체납처분절차의 경합 | 경영법률 2009 | AskLaw | 애스크로 AI