구분건물의 합리적 대지사용권과 분리처분에 관한 연구

Abstract

As to whether to acquire the right to use the land for the collective building, the current legal system and the ruling are still unclear to the bidders, including the law enforcement court, which will proceed with the sale. In the end, the auctioneer has to take the risk of getting the judge's judgment through a lawsuit after winning the bid. Based on this recognition, this study presented alternatives to reduce the risks and costs of stakeholders of the collective building through prior study and court case review. The proposed measures in this study are as follows. First, the purpose of obtaining land-use rights for collective buildings, controlling separate disposal, and securing creditors' bonds, the fundamental purpose of the auction, is to expand the right to purchase a lump-sum auction, to sell land for building owners, and appropriate lending methods and trusts of financial institutions. Second, the executive court will have to fulfill its role and duties as an agency that can ask those involved to submit data with information on relevant information. In particular, the executive court will have to reduce the risk of those bidding for the court auction by keeping accurate and detailed product specifications.