In the current civil law, lien is defined as pledge right along with pledge and mortgage.
A lien is a type of security that protects the rights of an entitled person to "hold the object or securities until the person who possesses the object or securi...
In the current civil law, lien is defined as pledge right along with pledge and mortgage.
A lien is a type of security that protects the rights of an entitled person to "hold the object or securities until the person who possesses the object or securities of the other person receives payment of the bond arising from that object or thing"(Article 320 of the Civil Act).
The Civil Code prescribes the right of repayment for pledges and mortgages, but does not prescribe the right of repayment.
This may be seen as an intent to deny the right of priority of lien, but Article 268 of the Civil Execution Act and Article 91, Paragraph 5 of the Civil Execution Act actually result in the lien being actually reimbursed.
Merchants who win a bid through an auction while the lien occupies the real estate and exercise the lien can not use or profit until the liquidation of the bond to the real estate is completed.
In addition, in the real estate auction procedure, a person who has not been listed on the registered wage will appear to exercise his lien, and the auction process is suspended, and the auction minimum bidding price is paid several times by a number of false /Problems arise that obstruct the enforcement of the most lien.
This is because there is no systematic procedure for mandatory reporting of the lien on the auction
procedure.Furthermore, until the extent of the claim is determined by the lawsuit, whether the authenticity of the lien is genuine, and the scope and existence of the counter-bond, all interested parties, third parties, and auction bidders can accurately determine thisIt is pointed out that it is serious problem because it does not exist.
This study is composed of 5 chapters. Chapter 1 introduces the background and purpose of the study on the improvement of the lien in real estate auction and the scope and method of the study.
Chapter 2 explains the legal nature of the lien and the establishment of the lienRequirements, the effect of the right of lien and the annulment.
In Chapter 3, we examine the status of the owner of the real estate auction and the status of the lien in the auction procedure.
In Chapter 4, we presented the problem of the real estate lien system, the real legal problems of real estate lien and the improvement plan of real estate lien.
Finally, in Chapter 5, we conclude the idea of improving the lien in the real estate auction.
First, as a rational improvement plan focusing on the auction real estate lien, we first introduce the registration system of the real estate lien and clarify the scope of determination of the security bond and introduce the extinction systemI am suggesting.
In addition, we will recognize the dividend claim and the right of first payment, and intend to establish a new legal system in the real estate auction market by strengthening criminal punishment for the most lien.
Lastly, we will review the amendments to the civil law that have been discussed in the last parliament but have not yet been enacted, and we will look at the improvements.