부동산경매절차에서 유치권의 불확실성 재해석-최근 대법원 판례의 태도변화를 중심으로-

The purpose of this study is to reinterpret the uncertainty of the lien in the real estate auction procedure and present the direction of its application. For this purpose, it employed the research method composed of both the literature-based legal/institutional method and the change in the position of recent judicial precedents of the Supreme Court as well. And it took the study results together and presented the following suggestions:First, there is a need to make a norms-based harmonious interpretation of the lien so as to coordinate interests between participants in the real estate procedure. Second, there is a need to incorporate the maintenance of the lien on the registered real estate, the abolition of the lien takeover principle and the adoption of the extinction principle into the direction for application of the lien in amending its related contents of the Civil Law. Third, there is a need to introduce the lien registration system and the lien registration order system in relation to the direction for application of the existing public announcement of the lien. Fourth, there is a need to acknowledge both request for distribution and the preferential payment right in relation to the direction for application of the effect of the lien. Fifth, there is a need to incorporate the real screening of the lien by the execution officer and the clarity of providing information on the lien by the court of execution in relation to the direction for administration of the lien by the court of execution. Sixth, there is a need to reinforce criminal punishment for reporters of the falsified and exaggerated lien as the direction for application of the concomitant damages. Seventh, there is a need to incorporate the position of converting the current takeover principle of the lien into its extinction principle in relation to the direction for application of recent judicial precedents of the Supreme Court.