허위유치권행사의 형사법적 제문제

In case of a criminal case related to a lien, it is representative to accuse of a false lien to auction court. The false lien is enacted by debtor having a bid real estate. It intends to be auctioned off at low prices by taking a repulsion to people hoping a tender. Also, a purpose of the false lien is to be compensate for money from a purchaser who was auctioned off while enacting the lien reject transfer by occupying the real estate. The false lien is prevalent in auction because it does not correctly confirm a relevant object such as a general real estate transaction and cannot help depending on appraisement and a present situation conducted by court. Therefore, that have problems as follows. ⅰ) The bidders are difficult exactly to know whether construction based on the lien is actually conducted. ⅱ) A basis insisting the lien is to cost above tens of million won because of construction costs. ⅲ) People avoid the bid, because the lien has a effect on bid participation by a law which take over the real estate regardless of a period of establishments. As a result of mentioned reason, the object can be auctioned off less than general prices. Although another person is auctioned off, it is general to occur a dispute that is not an criminal suit like accusation to people conducting the false lien but a civil trial such as an eviction suit by a vendee. Therefore, there are many limitation to conduct the property rights in the civil trial because it needs a many period of final ruling and execution. Thus, the most cases have come to a close in the way of proper agreement. Eventually, incorrect idea like “What have you got to lose?” goes current to people because there are little criminal sanctions for suggestion of the false lien in accordance with the custom. This paper consisted by following chapters. Ⅰ. Introduction Ⅱ. Common opinion of a false lien Ⅲ. Consideration on illegality of a false lien Ⅳ. Conclusion