한국과 미국의 부동산법제에 관한 비교연구(2)

1. CONTENTS (1) RESEARCH OBJECTIVES The purpose of this study is to compare the real estate executive proceedings of U.S., particularly judicial foreclosure out of such proceedings centered on mortgage with those of Korea. (2) RESEARCH METHOD This study is conducted by field investigation and confirmation of practical contents after access to relevant webpages, as well as domestic and foreign literature review. (2) RESEARCH FINDINGS The results of this study may present an opportunity not only to simply compare real estate foreclosure but to consider what to improve in foreclosure system. 2. RESULTS First, the judicial foreclosure in U.S. laws (the State of New York) is similar to foreclosure proceedings of Korea because it requires participation of the court. Second, the judicial foreclosure in U.S. laws is different from that of Korea because it selects a principal of acceptance, it does not have minimum sale institution, and does not require investigation of the status, real estate appraisal, and specification. Third, the judicial foreclosure in U.S. laws is more able to occur damage to the interested parties due to shortage of information presentation on the parties, while from the external aspect, the rapidity in the proceedings may be secured more than that of Korea. Fourth, the difference between the real estate foreclosure proceedings of Korea and the judicial foreclosure in U.S. laws in surrounded environments should be taken into sufficient consideration when American institutions are referred to. In particular, further studies on other states are needed because real estate foreclosure laws are different from states.