민사집행법상 유치권의 공시에 관한 연구

Abstract

Lien is a legal collateral security to occupy other's object, keep the object till the redemption of credit, and compel the repayment of liabilities, and adopts the principle of undertaking, not that of cancellation. The one having lien can claim lien of the auction regardless of report of the right at competent court when the right occurs at corresponding object. When the one who claims lien during auction makes appearance, bidders are reluctant to bid. As a result, there are many cases that one makes wilful use of this, extends the auction period, and if the auctioning price falls, then makes a huge fortune by purchasing it at a low price. In addition, as reporting a lien in an auction process is not an obligation, such report can cause an auction price to go down and thus a person with a prior-order right to have loss due to the reduction of allotted fund. Meanwhile, if not reported, a buyer can unexpectedly bear additional performance responsibility of the secured credit of a lien as a loss. This Article aims the public notice of Lien in Civil Execution Procedure. And it is for investment strategies of real estate auction investors. As a solution to such problems of lien, we can think about revising the civil execution procedure. In order to prevent abuse of the lien system and establish an efficient real estate auction, it may be necessary to make open the information about occupation at the stage of appraisal or survey. Above all, Public notice of lien is maintained only by occupation, so we should interpret the requirements for it's establishment strictly ; the corelation between the secured credit and the realestate narrowly, occupation by unlawful act widely, for the controlled and clarified establishment of real estate lien. It is necessary to introduce the deposit system. In case the lienor reports his rights and in case he is required to deposit the security money, it is expected that the report of false liens will reduce as the number of liens reported reduces.