특수경매 부동산의 유치권 법정지상권 분묘기지권에 관한 고찰 - 성립요건과 문제점 및 개선방안 중심으로

다국어 초록 (Multilingual Abstract)

The background and purpose of the study on the impact of the potential establishment of burial rights in court auctions on the auction rate, as well as the scope and methodology of the research, were pursued with the aim of examining the average auction rate and annual average auction rate of items sold in court auction proceedings, which involve the possibility of the establishment of burial rights. The study aimed to offer distinctiveness and originality not present in previous research.
Through a theoretical examination of the background and characteristics of burial rights, the study examined different forms of burial rights such as transferable burial rights, acceptance-based burial rights, and acquisition-prescription burial rights. The scope and duration of burial rights, the recognition of burial sites installed before and after the enactment of burial site laws, and case law related to the obligation of providing burial fees within burial rights were explored.
Over the recent five years, the study analyzed the auction rates of 12,311 items with potential establishment of burial rights in intervals of six months. The study derived analysis results, implications, and limitations, and investigated practical auction cases as subjects of rights analysis.
In conclusion, the study aimed to analyze the trend of auction rates in relation to the appraised value for the 12,311 items with potential establishment of burial rights, on an annual basis, in order to provide assistance in determining bidding amounts and to gain insight into the changes.