주택재개발정비사업조합에 제공된 토지및 건물의 경매절차에 대한 소고

This article aims to draw attention to several issues from the perspective of practitioners, in particular, what issues they have to be aware of in comparison with ordinary auction process when auction processes on real estates in regions where redevelopment of housing project on large scale after dismantling old housings in metropolitan cities is proceeding. In principle, it is highly likely that purchaser of auction process will take over the rights and obligations a debtor (owner) owes against a redeveloping partnership. In other words, when one purchases a partner’s share of a real estate in auction process, the purchaser will likely take over the rights and obligations of the partner as they are. Conversely, those who purchase the real estate (not the share of the partner) subject to money liquidation, will likely to receive consideration in exchange for providing the real estate to the redeveloping partnership. As those issues are important matters regarding all rights and obligations, in order for a court of enforcement to secure credibility and stability toward enforcement procedure, the court, after sufficient research in the auction preparation process, needs to let purchasers know what kinds of rights whey will acquire in the future. Also, special characteristics reflecting the real estate redevelopment sector should be given to the evaluation process. As there are controversies as to how to deal with auction processes in the event that buildings are demolished or dismantled or the redevelopment project itself was concluded and its notification of transfer was issued during the auction process, continuous review seems to be necessary. Moreover, to secure credibility and stability in the auction process, it is highly recommended that provisons regarding notice to facilitate smooth communication between a court of enforcement and a redeveloping partnership, procedural provision setting out the procedure after paying liquidation are made.