부동산 경매절차상 유치권의 법적지위 및 비판적 고찰-소멸주의와 인수주의를 중심으로-

The purpose of this study is to review the legal status of lien in real estate auction procedure, to conduct critical study on the amendment of civil law and related laws around principle of extinction and principle of takeover, and to suggest reasonable improvement plans of the legal system that considered the balance of principle of extinction and principle of takeover. There are opposing opinions about an issue of whether to adopt the principle of extinction or the principle of takeover regarding a lien as an opinion that the principle of extinction should be adopted for auctions by the request of lien holders and that principle of takeover should be adopted because the objective is the encashment from the nature of formal auction. The auction procedure involving liens has many problems for both formal auction and substantive auction. The Ministry of Justice tried to solve this problem by revising Civil Law and Civil Execution Act in 2013, and selected a plan of abolishing liens on real estate on the amendment. However, this study suggested supplementation of the system in balanced viewpoint because abolition of the expedient real estate lien can violate rights of the interested party by causing another problem. In other words, this study suggested that institutional complementarity of maintaining the current real estate lien system and extinguishing through sales by recognizing the preferential performance is the right improvement direction of real estate lien system than subdividing into general mortgage system set by creditors as expense payers, not lien holders, in current real estate lien system, special mortgage system converted from real estate lien system, and in registered real estate.