부동산민간경매제도의 도입에 관한 연구 - 담보권실행으로서의 민간경매를 중심으로 -

Abstract

Current real estate auction system is administered inflexibly under rigid procedures by courts, resulting in inflexible real estate market as well. Inflexibility in financial and real estate markets is also attributable to this shortcoming of the system. To solve this problem, introduction of the civil auction system as an execution of security rights is under discussion. Advocates of the civil auction system adduce its speediness and cost-effectiveness as its merits. There seems no argument against the former, in that, in the civil auction system, a qualified civil performer can carry out an auction according to the execution contract between a creditor and a debtor on the method of execution of mortgage, instead of conventional procedures in which auction for the execution of security rights could be held only in courts, public power borne by the government. However, auction for the execution of security rights doesn't require judgement in both Korea and Japan. In addition, you should bear costs when you choose a set of 3-document option among A~D options. And, there accompany various expenditures in announcing and bidding, in the case where public auction is adopted as a way of conversion of real estate into money. After all, we can hardly conclude that the civil auction system is less costly compared to the conventional one. On the other hand, in the viewpoint of opposers to the civil auction system, it is hard to predict if there is little possibility for anti-social power to interfere, although it is admittible that the interests of the parties could be easily protected by working out a 3-document set. In conclusion, it is necessary for Korea to consider introducing the civil auction system in view of deregulation, privatization, and downsizing public officials, promotion of civil employment, and improvement of court auction procedures, and so on. In that case, it is also necessary to give careful consideration to discussion in Japan when it first introduced the civil auction system. However, I think limited introduction would be more proper for Korea, rather than full-scale introduction. Korean auction procedures take a long period of time on the average (about one year, avg.) from the receipt of an application for auction to the conversion of claims into money. Therefore, limited only to a case where a financial institution is the applicant and creditor, a standard contract may be concluded as an execution contract, and then executed by a qualified civil performer as a trustee.