본문 바로가기
KERD
논문KCI 등재

경매평가 대상물의 인식에 관한 소고

An Observation on the Objectives in Court Auction Appraisal

0

조회

0

다운로드

0

인용

0

참고문헌

키워드

초록

This study has an intention to improve the executive ability of court auction appraisal. Auction act has upset bid price system, is valuated by appraiser, in public auction procedure. It is very important to determine upset bid price in court auction appraisal. Because it is the standard of the beginning price in court auction. The beginning price is determined to appraise the objectivity in court auction appraisal. On valuation, appraiser consider that the objective is the simple, the complex or the concentration and which is accessory thing or tally. The court auction is related to the property right. Hence the court auction appraisal needs objectivity and specificity. 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. First, this report covers auction appraisal regarding the objectivity of real estate, upset bid price. Second, this study presents the matters to be considered when appraisers participate in court auction appraiser. The matters are classified into the recognition of appraisal objectives and absence of court auction appraisal standard. Third, the study provides the objectives attention for appraisers who participate in court auction. We suggest that appraisal standard is need in upset price valuation. This paper is expected to contribute establishing the recognition of appraisal objectivity standard and raising the efficiency in the process of court auction appraisal.

Abstract

This study has an intention to improve the executive ability of court auction appraisal. Auction act has upset bid price system, is valuated by appraiser, in public auction procedure. It is very important to determine upset bid price in court auction appraisal. Because it is the standard of the beginning price in court auction. The beginning price is determined to appraise the objectivity in court auction appraisal. On valuation, appraiser consider that the objective is the simple, the complex or the concentration and which is accessory thing or tally. The court auction is related to the property right. Hence the court auction appraisal needs objectivity and specificity. 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. First, this report covers auction appraisal regarding the objectivity of real estate, upset bid price. Second, this study presents the matters to be considered when appraisers participate in court auction appraiser. The matters are classified into the recognition of appraisal objectives and absence of court auction appraisal standard. Third, the study provides the objectives attention for appraisers who participate in court auction. We suggest that appraisal standard is need in upset price valuation. This paper is expected to contribute establishing the recognition of appraisal objectivity standard and raising the efficiency in the process of court auction appraisal.

참고문헌 (14)

  1. 김상용, "물권법" (2003), 법문사
  2. 김준호, "민법강의" (2000), 법문사
  3. 백영준, "최신감정평가론" (2002), 부동산연구사
  4. 조성민, "민법총칙" (2007), 두성사
  5. 한국감정평가협회, "법원경매실무", ~ (2008)
  6. 건설교통부, "감정평가 세부시행지침 마련을 위한 연구", ~
  7. 권오순, "법원의 부동산감정 일반기준 설정에 관한 연구", 감정평가학 논집, 6(1) (2007), 한국감정평가학회
  8. 김상수, "민사집행법의 시행과 부동산경매", 민사소송, 12(1), pp.329~356 (2008), 한국민사소송법학회
  9. 백일현, "경매감정평가 in : 제15기 감정평가사 실무수습교재", 한국감정평가협회, ~ (2005)
  10. 법원행정처, "법원실무제요 민사집행", ~ (2003)
  11. 윤동건, "경매평가 유의사항", 한국부동산연구원, ~ (2006)
  12. 임형욱, "경매감정 사례연구 in: 법원감정인직무교육", 한국감정평가협회, ~ (2004)
  13. 한국감정평가협회, "감정평가관련 판례 및 질의회신", ~ (2005)
  14. 한문진, "부동산경매제도에 관한 연구", 석사, pp.2000

관련 논문AI추천

이 간행물의 다른 논문 (8건)