NPL(부실채권) 매각의 법적 구조와 경매절차에 관한 연구

Abstract

Non-performing loans (NPLs) are bonds that are judged to be impossible to recover due to the debtor’s default or loss of economic power among loans from financial institutions. Under the IMF financial crisis, when such non-performing loans were rapidly increasing, the “Asset Securitization Act” (Law No. 5555) was enacted on September 16, 1998 for the restructuring of financial institutions and companies and the efficient arrangement of non-performing loans. In the real estate auction market, as the Civil Execution Act was enacted and enforced on July 1, 2002, real estate auctions entered the path of popularization, resulting in overheating of the auction courts, resulting in higher auction prices. At the same time, a large number of non-performing loans in the financial industry were sold as the cause of the sharp drop in yields in the auction market, leading to an increase in the successful bid price of auction items in nearby areas. A real estate auction is a process in which an auction proceeds with the execution of a mortgage for a secured bond borrowed from a financial institution, or the court seizes the real estate in the name of a debtor31), conducts an auction, returns it, and distributes it. Real estate auction is a compulsory execution procedure that is carried out regardless of the debtor's will for the satisfaction of the creditors, so the procedure must be a legitimate right execution procedure based on the Civil Execution Act, and the debtor's interests must be protected as guardianship. The auction procedure is based on the Civil Execution Act, after the seizure is carried out, the sale is carried out in accordance with the legal procedure, and the converted amount is distributed according to the division of rights. It is carried out as a series of compulsory execution procedures. Although the sale of non-performing loans is ultimately made within the framework of the real estate auction procedure, a priori research on this is ongoing, but until now, most of the policy proposals stemmed from the institutional approach to non-performing loans. The sale of non-performing loans and real estate auctions need to be discussed in the same category in terms of the legal and procedural aspects of the auction, and there is a correlation between the NPL and the real estate auction market, so it is necessary to compare the two systems and study the characteristics of the NPL mainly. has been raised Therefore, from the perspective of our legal system, I would like to spread a theory to try a three-dimensional perspective while comparing the structure of NPL sales and the auction procedure. First, by examining the structure of the sale of non-performing loans from a legal point of view, and further researching the differences between the sale of non-performing loans and the auction procedure, the study was conducted so that it could be usefully utilized in future non-performing loan investment.