不動産에 대한 '留置權에 의한 競賣'에 관한 一考

The main point of this study is as follows: (1) The nature of a lien auction, like a compulsory auction or an auction for exercising the security right, should be seen as a substantial auction for the satisfaction of a lien holder’s claim, not as a formal auction for realization. (2) Therefore, in the auction procedure of the lien, the sale price should not be given to the lien holder so that it can be set-off, the distribution procedure should be executed as in the case of the compulsory auction and auction for exercising the security right procedure, and the request for distribution of other creditors should be allowed. (3) However, in the dividend procedure, the lien holder can not receive the dividend of the claim secured. As the successful bidder taking over the liability (debt) to repay the lien, the claim assumed to be repaid. The sale price must be distributed to all other creditors. (4) The provisions of Articles 91 and 268 of the Civil Execution Act shall be applied to the various burdens existing on the real estate and whether the auctioneer is to acquire or destroy the lien. S o it is unfair to treat an auctioneer' s lien as a disappearance due to the sale of the retained property. (5) The Supreme Court decisions(2011. 6. 15. 2010ma1059, 2011. 8. 18. 2011da35593), which are understood to have declared the principle of extinction of the lien on the procedure of lien auction, are not actually a declaration of such principle. etc.