부동산경매에서의 공유자우선매수제도의 문제점과 개선 방안에 관한 연구: 사례연구를 중심으로

The right of co-owners priority purchase in real estate auction allows other co-owners to purchase shares in preference to general bidders in the bidding process when a share becomes the object of an auction, and the legislative purpose is to protect the bond because the management of the use of the common property requires consultation between the co-owners. However, due to many cases of abuse, the system is currently causing harm to creditors, debtors, courts, and all stakeholders. Therefore, this study attempted to examine the general laws of the right of co-owners' priority purchases accumulated so far, analyze foreign legislation cases recognized as abuse, and then suggest solutions. Typical abuse cases include overusing preferential purchase rights, breaking up shares, preferential purchases with minimal stake, and preferential purchase attempts at collective sale. Therefore, an improvement plan for these types is proposed. ① Payment of the deposit shall be made when applying to preferential purchase, ② Preferential purchase exercise conducted after confirming the results of the bidding on the spot shall be abolished ③ Granting the right to exercise the right to shareholders who submitted a preferential purchase report with the deposit ④ Allow preferential purchase only to shareholders before entering the auction decision so that general bidders can establish sufficient bidding strategies ⑤ The total number of shares to be applied for preferential purchase rights shall be more than 30/100 ⑥ Prepare compensation plan for bidders who are pushed back to the next priority ⑦ Allow preferential purchase if part of the shares is in the collective sale of land and buildings.