경매에서 매각대금의 특별한 지급방법에 관한 제도적 개선방안- 대전고등법원 2019. 7. 16. 선고 2019 나10307 판결을 소재로 -

Abstract

Ownership is acquired when the buyer pays the sale price at an auction. In thiscase, in principle, the sale price is paid in full in cash. However, the Korean CivilExecution Act stipulates exceptions to help buyers overcome difficulties in financing. It is a so-called special payment method for the sale price. Specifically, the buyercan substitute for the payment of the sale price by taking over the debt with theconsent of the related creditor. And if the buyer is a dividend creditor at the sametime, it is possible to pay only the remaining amount excluding the amount to bepaid. In addition, the method of providing the purchased real estate as collateralimmediately and paying the sale price with the money received is recognized. The above special payment method is a very advantageous system for the buyer interms of financing. However, if an objection is raised, the corresponding amountmust be paid in cash until the end of the dividend due date, and if the payment isnot made, resale is forced. This is likely to be abused by a debtor who intends todelay execution, and will eventually interfere with the rapid execution procedure. Inparticular, in the case of payment by debt takeover, the acquisition of ownership inaccordance with the provisions of the law (Article 187 of the Civil Act), the periodof preservation of auction case records, and the registration fee system by thepurchaser’s request for registration and the registration commission of the courtofficer, etc. As a result, there were cases of damage in the text. Therefore, through this thesis, I proposed an improvement plan for the paymentmethod by debt takeover. Specifically, the requirements for labeling related todividend tables, the need for the enforcement court’s obligation to entrust theregistration of changes, the need to improve the retention period of auction case records, and the need to impose the obligation to permanently store some documents.