감정평가사의 경매평가시 목적물범위의 통일적 해석 -소유권의 범위확정제도(부합, 종물 등)의 관계를 중심으로-

Abstract

Our auction act have upset price system, is evaluated by appraiser, in our public auction procedure. On valuation, appraiser consider that the objective is the simple, the complex or the concentration. and which is accessory thing or tally. If appraiser add another thing’s value to appraisement. party interested file a protest against upset price. The Supreme Court’s precedent show what is accessory thing, what is tally in some case. but as an example, for all tree is tally in legal system, some appraiser do not appraise tree’s value. other appraiser do appraise tree’s value. It is caused by the nonexistence of appraisal standard. accessory thing theory is about the reach of ownership. but appraisal is about exchangeable value, nothing but market price. we propose that appraisal standard is need in upset price valuation as compensation standard in the government’s Land Expropriation.