The lien reveals many problems to the extent that it is called to be a nuclear bomb in the real estate auction. In addition, our country has shown rapid progress, but our civil law on the lien has not been amended since its establishment in 1958 and t...
The lien reveals many problems to the extent that it is called to be a nuclear bomb in the real estate auction. In addition, our country has shown rapid progress, but our civil law on the lien has not been amended since its establishment in 1958 and thus it does not reflect the reality, while we are applying theories and precedents in solving problems.
There have been debates on the limits of counteractions to the lien in the real estate auction for a while. However, as there have been a growing number of undesirable cases from the lien recently, even the courts tend to judge the existence of counteractions from the sequence of aggressively constituting the lien within the procedures of auction. But we still have debates over the limits of the lien as we have yet to establish the generalized theory. Subsequently, this paper attempted to review the characteristics of the seizure, lien and mortgage, and looked into the facts that the lien and mortgage with malicious intents might not have any counteraction to the precedent seizure by the validity of prohibitive measure and the lien with malicious intents might not have any counteraction to the precedent mortgage by the protection of exchange value of such mortgage.
In addition, the interest groups without any definite information for the requirements such as the time of the lien constitution might not be able to easily identify the existence of the counteractions of such lien in the event that the lien is reported in the real estate auction, and accordingly the procedures of auction are delayed and its vicious cycle is repeated in that those who have such malicious lien gain such inappropriate profits from abusing such circumstance.
Since the problems of lien on the procedures in the real estate auction for their fundamental causes lie in the irresponsible and formal examinations for the current status carried out by the bailiffs, this paper reviewed the causes of such irresponsible and formal examinations and suggested as their plans for the improvements that the examinations of the current status of real estate should be entrusted to the practitioners of realty rights analysis.