부동산 경매의 무효에 관한 연구

Abstract

Real estate auctions are a process by which creditors lend the power of state public power to realize their rights through the forced disposal of the debtor's real estate. The concrete realization process of auction consists of auction application(seizure), real estate sale and distribution procedure. Distribution procedure are based on the sale of real estate and payment of the sale price. Therefore, the sale of real estate is substantiality of the auction. The sale of real estate leads to a change in property ownership, which is not just a matter of executive party. Therefore, Civil Execution Act is to ensure the various appeals of dissatisfaction rights in order to protect the interests of the stability of the auction and the interested parties will be to ensure the fairness of the procedural legitimacy and results. Therefore, a person who has been infringed on his or her rights due to unfair auctioning should take legal measures to protect his rights within the execution procedure. Nonetheless, the problem of invalidity of auction or invalidity of auction procedure is caused by the following reasons. First, the auction procedure is separate from the right setting procedure, such as the judgment procedure or the security right, which is the procedure of obtaining the right of execution, which is the basis of the application for execution. As a result, the enforcement proceedings do not have the actual right to examine the existence of the cause bonds, and only enforce formality if the requirements are met through formal review rights of execution requirements. This is to meet the request for promptness of the realization of rights. Second, even though the Civil Execution Act specifies in detail the reasons for objection for the adequacy of enforcement procedures, there is a certain limit to the deprivation of rights in the substantive law under the procedural law. Unlimited expansion of precluding effects can deviate from the limitations of constitutional property protection and against the benefits of the whole legal system. The invalidity of an auction or auction procedure means that there is no private law effect. In this paper, we research the reasons for invalidity that could negate the private law effect in the auction procedure. In conclusion, procedural law was considered to be invalid if it lacked enforcement requirements, or if there were significant defects in the procedures underlying the enforcement process. In addition, the reason for the absence or invalidity of the contract was regarded as a substantial defect, and a harmonious interpretation of the substantive law and procedural law was sought.