부동산경매에서 매수인에 대한 가압류의 관계와 담보책임에 관한 소고

Provisional seizure is the execution proceedings of monetary bonds against movable property or real property. In the case of disposition prohibition effect of provisional seizure, Korea's case that if the ownership of the object of the provisional seizure is transferred to the third party, the provisional seizure person can receive the dividend from the auction sale proceeds but the creditor of the third acquirer can not receive the dividend. However, according to the above case, a small sum tenant of house or wage creditor will not be able to receive the dividend because the provisional seizure against previous owner are received exclusively of the dividend even though dividend priority is first. This would shake the basic ranking of right to preferential payment and create problems with the safety of transactions. When a successful bid is found in a real estate auction in a state where there is provisional seizure against previous owner, in the case, the winning bidder must take over the provisional seizure against previous owner in accordance with the specific sale procedure, which is likely to cause problems. Therefore, in this study, we propose an efficient interpretation theory by reviewing the relationship between the buyer and provisional seizure against previous owner in the real estate auction, and then study how to protect the buyer who is injured by unexpected.