형식적 경매에서의 몇 가지 문제에 대한 고찰

According to the Civil Execution Act, an auction prescribed by the Civil Act, Commercial Act and other Acts(a.k.a. Perfunctory Auction) shall be executed in conformity with the example of an auction to exercise the security right. This clause shows that the provisions which regulate an auction procedure to exercise the security right can or cannot be applied to each perfunctory auction in accordance with the intent and purpose of each perfunctory auction. It can be said that an accurate study on the procedure of perfunctory auction is not sufficiently provided yet. This article tries to classify the perfunctory auctions by the intent, purpose of each auction and research the adaptability of principle of extinction, principle of surplus, the status of other creditors and the change of ownership in procedure of each category of perfunctory auctions. In conclusion, unless there are exceptional reasons which prohibit such principles to be applied to each category of perfunctory auctions, perfunctory auction should be executed by the principles which regulate an auction procedure to exercise the security right. This research also shows that there are some categories of perfunctory auctions where such principles cannot be applied to. The concrete regulations should be provided for the perfunctory auction procedure where the conversion is executed by state. Enacting the provisions by specifying the provisions which should not be applied to each perfunctory auction procedure among the provisions that regulate an auction to exercise the security right will be an appropriate means for the resolution of problems which can occur in the perfunctory auction procedure.