부동산 경매 주요 용어 50개 정리

부동산 경매 주요 용어 50개 정리

 

(1) 임의경매(담보권의 실행 등을 위한 경매)
저당권, 전세권, 유치권 등의 담보물권이 가지고 있는 경매권에 의하여 실행되는 경매로 이는 담보권자 자신이 스스로의 의사로 담보물을 취하여 환가하고 그 대금으로부터 피담보채권의 변제를 받는 제도이다.

(2) 강제경매
채무자 소유의 부동산을 압류, 환가하여 그 매각대금을 가지고 채권자의 금전채권의 만족을 얻기 위해 집행하는 절차이다. 확정된 이행판결, 확정된 지급명령, 화해조서, 조정조서, 공증된 금전채권문서 등의 집행권원을 가지고 있는 채권자가 표시된 이행 청구권의 실현을 위해서 채무자 소유의 부동산이나 동산을 압류한 후 경매를 진행하여 변제받는 제도이다.

(3) 재경매
입찰자가 결정된 후에 매수인이 대금 지급 의무를 이행하지 않은 부동산의 경우 담당 판사는 직권에 의해 입찰 일자를 재공고 후 재경매 명령을 하고 다시 입찰하는 제도이다.

(4) 일괄매각
법원은 경매의 대상이 되는 여러 개의 부동산의 위치, 형태, 이용관계 등을 고려하여 이를 하나의 집단으로 묶어 매각하는 것이 알맞다고 인정하는 경우 직권이나 이해관계인의 요구에 따라 일괄하여 매각하도록 결정할 수 있다.

(5) 공매
국세징수법에 의해서 국가기관에 체납된 세금을 징수하기 위하여 한국자산관리공사라는 공공기관에 의뢰하여 강제 매각하는 절차로, 압류재산 처분과 비업무용 부동산의 처분이 주가 되며 한국자산관리공사가 밀린 세금을 대신 받아주는 대리인이 되어 대상 부동산을 처분하는 제도이다.

(6) 소제주의
낙찰인이 낙찰 받은 후 부동산 위에 존재하는 모든 부담이 소멸되고 완전한 소유권을 취득한다.

(7) 인수주의
낙찰에 의하여 모든 부담이 소멸되지 않고 매수인이 부담해야 하는 것으로 민사소송법은 소제주의를 원칙으로 있지만 예외적으로 인수주의를 취한다. 저당권, 담보가등기, 가압류는 순위에 관계없이 모두 말소되고 그 이후의 후순위의 모든 권리는 소멸한다. 그러나 1순위 저당권, 담보가등기, 가압류 보다 앞선 지상권, 지역권, 전세권 등의 권리와 대항력 있는 임차권도 소멸되지 않아 매수인이 부담해야 하며, 별개로 법정지상권, 유치권 인정여부에 따라 인수될 수 있다.

(8) 잉여주의
집행법원은 법원이 정한 최저경매가격으로 압류채권자의 채권에 우선하는 부동산 상의 모든 부담과 경매비용을 변제하면 남는 것이 없다고 인정한 때에는 이러한 사실을 압류채권자에게 통지하고, 압류채권자 스스로 매수할 것인지를 확인한 후, 충분한 보증을 제공하지 않는 한 경매절차를 법원이 직권으로 취소하게 된다.

(9) 대항력
주택임차인이 임차주택을 인도받고 주민등록을 마치면 그 다음날부터 그 주택의 소유자가 다른 사람으로 변경되더라도 임차권을 가지고서 대항할 수 있는데, 이 힘을 주택임차인의 대항력이라 부른다. 임차보증금 전액을 반환받을 때까지 주택임차인이 새로운 매수인에 대하여 집을 비워 줄 필요가 없다는 것이지만, 대항요건을 갖추기 전에 선순위 권리가 있었다면 대항력이 인정되지 않는다.

(10) 우선변제
대항요건(주택인도, 주민등록)과 주택임대차 계약서상에 확정일자를 갖춘 임차인은 임차주택이 경매되거나 공매될 경우 임차주택의 환가 대금에서 후순위 담보권자나 기타 채권자에 우선하여 보증금을 변제 받는다.

(11) 확정일자
법원의 등기소 또는 공증인 사무실, 구청이나 동사무소에 주택임대차 계약서에 현재 날짜를 증명하기 위하여 확정일자의 번호와 도장을 찍는 것을 말한다. 임차주택을 인도받고 주민등록 전입신고와 함께 확정일자를 받으면 된다.

(12) 말소기준권리
최고가매수인은 낙찰대금을 완납하게 되면 등기여부와 관계없이 사실상 낙찰 부동산의 소유권을 취득하게 되는데, 소유권이전등기를 하면서 등기사항증명서 상의 권리 중 어떤 권리들은 말소촉탁등기 대상이 되어 소멸하게 되고, 또 어떤 권리들은 말소촉탁의 대상이 되지 않아 매수인이 인수해야 하는데, 이때 말소와 인수의 기준이 되는 권리를 말소기준권리라고 한다.

말소기준권리가 될 수 있는 권리들은 근저당권, 저당권, 압류, 가압류, 담보가등기, 강제경매개시결정등기와 경우에 따라 전세권도 인정되는데, 이 권리 중 등기사항증명서 상에서 등기일자가 가장 빠른 권리로 보면 된다. 통상 말소기준권리 보다 빠르면 선순위 권리로 인수해야 되며, 말소기준권리 보다 늦으면 후순위 권리로 소멸된다.

(13) 압류
확정판결이나 기타 집행권원에 의해 강제집행을 하기 위한 보전수단으로 가압류처럼 소송 후 경매를 실행하는 것과 달리, 소송하지 않고 바로 경매에 들어 갈 수 있다.

(14) 가압류
금전 채권이나 금전채권으로 바꿀 수 있는 청구권을 위하여 소송을 제기하고 강제집행을 실행하고자 할 때 소송기간 동안 채무자가 재산을 도피, 은닉하지 못하도록 묶어두는 보전 수단이다.

(15) 가처분
소유물 반환청구권, 임차물 인도 청구권 등과 같이 특정물에 대한 각종 청구권을 가지는 채권자가 장차 집행보전을 위하여 현재의 상태대로 현상을 고정할 필요가 있을 때 제 3자에게 양도 등의 처분을 금지시키고 그 보관에 필요한 조치를 해두는 처분이다.

(16) 가등기
절차적으로 종국등기를 할 수 있을 요건을 구비하지 못한 경우나 권리의 설정, 이전, 변경, 소멸의 청구권을 보전하려고 할 때 본등기를 위하여 그 순위를 보존하게 하려고 미리 해두는 행위이다. 원활하게 소유권 이전을 하기 위하여 등기순위를 확보하는 제도로 가등기에 기하여 본등기를 하게 되면 본등기의 순위는 가등기의 순위로 올라가게 된다.

(17) 변경
경매진행 절차상의 중요한 새로운 사항이 추가되거나 권리가 변동하여 지정된 경매기일에 경매를 진행시킬 수 없을 때 담당재판부가 직권으로 경매기일을 변경하는 것으로 경매진행 기일이 변경되었음을 뜻하며, 채무자가 채무를 갚겠다는 노력이나 의사를 보이면 채권자가 경매기일 연기신청을 하면 법원에서 받아들일 수 있다.

(18) 연기
채무자, 소유자, 또는 이해관계인에 의하여 경매신청 채권자의 동의 하에 일자를 지정한다.

(19) 취소
채무의 변제 또는 경매원의 소멸으로 경매개시 결정 자체를 취소하는 것이다.

(20) 취하
경매신청 채권자가 경매신청 행위를 철회하는 것으로 취하되면 더 이상 경매가 진행되지 않고 종결된다. 이러한 철회는 경매개시 결정에서부터 경락인이 대금을 납부할 때까지 가능하며 최고의 매수신고인이 결정된 후에는 최고가 매수인의 동의가 필요하다.

(21) 유찰
입찰불능 즉, 경매 입찰에 있어서 응찰자가 없어 낙찰되지 못하고 무효가 선언되어 다음 경매에 넘어가게 되는 것으로 통상 다음 입찰 때는 20%~30%의 저감이 있다.

(22) 정지
이미 실행된 부분 외에 장래의 절차만을 일시적으로 정지하는 것이다.

(23) 종국
경매를 개시하여 배당완료 후 배당이의 등 모든 것이 종결되었다는 뜻이다. 통상 배당이 완료되면 ‘종국’ 이라고 표시하고 배당이의 등으로 인하여 미해결된 사안이 있으면 ‘미종국’ 이라고 표시한다.

(24) 기각
민사소송법상 신청의 내용을 종국재판에서 이유가 없다고 하여 배척하는 것을 말하며, 기각의 재판은 본안판결이며 형식재판인 각하와 구별된다. 각하는 국가기관에 대한 행정상 또는 사법상의 신청을 배척하는 처분, 특히 소송상 법원이 당사자 그 밖의 관계인의 소송에 관한 신청을 배척하는 재판을 말한다.

(25) 감정평가서
토지 등의 경제적 가치를 가액으로 표시하는 것으로, 국가에서 시험을 통해 선출한 감정평가사가 공시지가 및 각종 공공사업 및 세금, 관리처분, 경매, 소송 등을 위해 금액을 산정하게 된다. 경매에서는 이를 통해 최초매각가격을 정하는 기준이 되는데, 보통 평가가격은 표준지의 공시지가에 시점요인, 지역요인, 개별요인, 기타요인을 감안하여 산정하게 되며, 그 내용은 누구든지 볼 수 있도록 하고 있다.

 

(26) 현황조사보고서
법원은 경매개시결정을 한 후 지체 없이 집행관에게 부동산의 현상, 점유관계, 차임, 또는 임대차 보증금의 수액 기타 현황에 관하여 조사할 것을 명하는데, 통상 집행관이 이를 작성하며 그 조사내용을 법원에 제출하게 되고, 누구든지 볼 수 있도록 하고 있다.

(27) 매각물건명세서
법원은 부동산의 표시, 점유자의 권원, 점유할 수 있는 기간, 차임 또는 보증금에 관한 관계인의 진술 등을 작성해 놓은 서류이다. 여기에 등기된 부동산에 대한 권리나 가처분 등 매각으로 효력을 잃지 않는 것과 지상권의 개요, 토지별도등기, 특별매각조건 등의 내용이 작성되며 매각기일 1주일 전까지 법원에 비치하여 누구든지 볼 수 있도록 하고 있다.

(28) 특별매각조건
부동산경매에서 입찰보증금은 보통 최저가의 10%이나, 어떤 사정으로 보증금을 미납하는 경우 다음 차수에서는 최저가의 20%로 정하여 입찰보증금으로 납부하는 조건을 말한다.

(29) 이해관계인
경매절차에서 이해관계를 가진 자 중에 법이 특별히 보호할 필요가 있는 것으로 보아 이해관계인으로 법에 규정한 자를 말하며, 그들에 대해서는 경매절차 전반에 관여할 권리가 있다고 본다.

(30) 대위변제
채무자가 아닌 제3자(공동채무자 등)이 채무자 대신 변제를 해주고 변제를 해준 사람은 구상을 취득하게 되므로 채권자의 범위 내에서 권리를 행사하게 되는 것을 말한다. 통상 후순위임차인이 소액의 선순위채권이 있는 경우, 이를 대신 변제하여 선순위임차인의 지위로 향상 시켜 대항력을 유지하여 보증금액을 온전히 보존받기 위해 하는 경우가 많다. 최근에는 저금리로 인해 일부 금융권에서 채무자의 동의하에 1순위 근저당 채권을 그대로 승계 받으면서 대신 변제하고 경매를 취하시켜 일정기간 시간을 버는 경우도 있다.

(31) 토지별도등기
토지에 건물과 다른 등기가 있다는 것으로 집합건물은 토지와 건물이 일체가 되어 거래되도록 되어 있는 바, 토지에는 대지권이라는 표시만 있고 모든 권리관계는 전유부분의 등기기록에만 기재하게 되어 있는데, 건물을 짓기 전에 토지에 저당권 등 제한물권이 있는 경우 토지와 건물의 권리관계가 일차하지 않으므로 건물등기 기록에 “토지에 별도의 등기가 있다”는 표시를 하기 위한 내용을 말하는 것이다.

(32) 대지권미등기
원래 대지사용권이 없으면 낙찰 후 대지권을 취득할 수 없지만, 미등기 집합건물에 대하여 경매신청 있는 경우 대지사용권을 매각목적물에 포함되는 것으로 보고 그에 대한 감정평가액을 최저매각가격에 포함시켰다면 일반적으로 문제가 없는 것으로 본다.

대지사용권은 원칙적으로 전유부분 건물의 종 된 권리로, 단순한 절차 미비로 대지지분이 미등기 되어 있는 경우라면 대금을 납부하면 대지지분의 소유권 이전이 가능하기 때문이다. 다만 신도시지역의 대지권미등기의 경우 분양대금 미납분에 따라 추가적으로 금액을 부담해야 하는 경우도 있으니, 주의가 필요하다.

(33) 토지근저당권 인수
아파트, 다세대 등의 집합건물이 아니고 건물, 토지 각각 있는 다가구주택에서 건물이 아닌 토지 부분에 근저당권이 있으므로 해당 근저당 채권액을 매수인이 책임져야 된다는 것을 말한다.

(34) 제시외 건물
포함, 미포함이 있는데 해당 경매물건이 소개(지번 ***, 물건 **)되고, 물건 이외에 소개되는 물건(제시외 건물)이다. 일반 주택에 별도의 화장실, 창고, 옥탑방 등이 해당될 수 있다.

(35) 배당요구
강제집행에 있어서 압류채권자 이외의 채권자가 집행에 참가하여 변제를 받는 방법으로 민법, 상법 등에 의하여 우선변제청구권이 있는 채권자나 집행력 있는 정본을 가진 채권자, 경매개시결정등기 후에 가압류를 한 채권자가 법원에 대하여 배당요구를 신청할 수 있다. 배당요구종기까지 배당요구를 해야 하며, 이때까지 요구하지 않으면 매각대금으로부터 배당받을 수 없고, 그 후 배당을 받은 후순위 채권자를 상대로 부당이득반환청구를 할 수도 없다.

(36) 채권계산서
채권자는 배당요구의 종기까지 법원에 그 채권의 원금, 이자, 비용 기타 부대채권의 계산서를 제출해야 한다. 채권자가 계산서를 제출하지 아니한 경우 법원은 배당요구서 기타 기록에 첨부된 증빙서류에 의하여 채권액을 계산하게 되며, 배당요구의 종기 이후에는 채권액을 보충 할 수 없게 된다.

(37) 기일입찰
경매매각방법의 하나로 정해진 매각기일에 출석하여 입찰표와 매수신청보증을 제출하는 방식으로 진행하는 경매방식을 말한다. 매수희망자로 하여금 입찰가격을 기재한 입찰표를 제출하게 하고 개찰을 하여 최고액의 입찰가격을 기재한 입찰자를 최고가매수신고인을 정하게 된다.

또한 기간입찰은 기일입찰과 달리 1주일 이상 1개월 이하의 범위 안에서 입찰기간을 정하여 원거리에 거주자도 등기우편의 방법을 통해 입찰에 참여할 수 있도록 하는 방법도 있지만, 대부분의 법원에서는 기일입찰만 진행하고 있다.

(38) 매각기일
경매법원이 목적부동산에 대하여 실제 매각을 실행하는 날로 매각할 시각, 장소 등을 매각기일 14일 전에 법원게시판에 게시함과 동시에 일간신문에 공고할 수 있다. 매각기일이 잡히면 법원은 매각기일과 매각결정기일을 이해관계인에게 통지하여 불이익이 없도록 하고 있다.

(39) 차순위매수신고
최고가 입찰자 이외의 입찰자 중 최고가 입찰액에서 보증금을 공제한 액수보다 높은 가격으로 응찰한 사람은 차순위 입찰신고를 할 수 있다. 차순위 입찰 신고를 하게 되면 매수인이 낙찰대금을 납부하기 전까지 보증금을 반환받지 못한다. 최고가 입찰자에 국한된 사유로 낙찰이 불허되거나 낙찰이 허가되더라도 그가 낙찰대금을 납부하지 아니할 경우 다시 입찰을 실시하지 않고 바로 차순위입찰 신고인에게 낙찰을 허가하므로 유리할 수도 있지만, 실무에서는 많이 하지 않는다.

(40) 매각결정기일
입찰을 한 법정에서 최고가 입찰자에 대하여 낙찰허가 여부를 결정하는 날로 입찰법정에서 선고한 후 법원 게시판에 공고만 할 뿐 매수인 채권자 채무자 기타 이해관계인에게 개별적 통고는 하지 않으며 통상 경매기일로부터 7일 이내에 결정한다. 낙찰허가 결정이 선고된 후 1주일 내에 이해관계인(매수인, 채무자, 소유자, 임차인, 근저당권자 등)이 항고하지 않으면 낙찰허가 결정이 확정된다. 이후 매수인은 법원이 통지하는 대금납부기일에 낙찰대금을 납부해야 하고 대금납부기일은 통상 낙찰허가 결정이 확정된 날로부터 1개월 이내로 지정한다.

 

(41) 농지취득자격증명(농취증)
농지를 취득하고자 하는 자가 필수로 발급 받아야 하는 서류로, 경매의 경우 농지를 취득한 자가 법원에서 발급해준 ‘최고가매수인’ 증명서를 가지고 농지 소재지의 읍면동 주민센터에 가서 신청하면 된다. 처리기간은 접수일로부터 4일이내지만 경우에 따라서는 당일 발급도 가능하다.

경매에서는 매각결정을 위한 필수 제출서류이므로, 발급받지 못할 경우 입찰보증금이 몰수될 수도 있기 때문에 입찰 전 확인이 필요하다. 1,000m2 미만 농지의 경우 농지취득자격증명신청서만 작성하면 되고, 1,000㎡ 이상 농지의 경우 추가적으로 농업경영계획서도 작성해야 한다.

(42) 즉시항고
법원의 결정이나 명령에 대한 불복, 부동산 경매 절차에 있어서 경락허가 결정에 대한 항고를 하면 집행정지의 효력을 가지며 결정이 확정될 때까지는 대금의 지급이나 배당기일 또는 신경매 기일이 중지된다.

채무자나 소유자가 한 항고가 기각된 때는 보증으로 제공한 금전이나 유가증권을 전액 몰수하여 배당할 금액에 포함하게 되고, 그 외의 사람이 제기한 항고가 기각된 때에는 보증으로 제공된 금원의 범위 내에서 항고기각결정이 확정된 날까지의 매각대금에 법정이자를 물게 되고, 나머지는 돌려받게 된다.

(43) 소유권이전등기촉탁
소유권이전등기는 매매, 상속, 증여 등에 의하여 유상 또는 무상으로 부동산의 소유권이 이전되는 것으로 부동산 등기사항증명서상에 이 내용을 기입하는 것이다. 촉탁이란 어떤 일을 남에게 부탁하여 대신 처리하게 하는 것으로 최고가매수인이 되어 잔금을 납부하게 되면, 해당 담당 경매계에서 소유권 이전등기를 직권으로 등기소에 촉탁해 준다.

경매에서는 매수인이 대금을 완납하면 매각부동산의 소유권을 취득하게 되는 것이므로, 집행법원은 매수인이 등기비용을 부담하고 등기촉탁 신청을 하면 매수인을 위하여 소유권이전등기를 대신 해주게 되고, 각종 말소등기 내역을 작성하면 매수인에게 인수되지 않는 권리를 등기관에게 말소하도록 촉탁하는 절차이다.

(44) 배당
매각대금으로 각 채권자를 만족시킬 수 없는 경우에 권리의 우선순위에 따라 매각대금을 나누어주는 절차이며 법에 명시된 순서에 대해 배당 받게 된다. 이를 위하여 집행법원은 배당기일 전에 배당표를 미리 작성하여 이해관계인과 배당요구한 채권자에게 열람시켜 의견을 듣고, 정정할 것이 있으면 수정하여 배당표를 완성한 후, 배당기일에 확정하게 된다.

(45) 상계
채권자와 채무자가 서로 같은 종류의 채권 채무를 가지고 있을 경우에 그 채권과 채무의 같은 액수를 서로 없애 버리기 위한 한쪽의 의사 표시이다. 경매에서는 채권자가 동시에 매수인이 되는 경우가 있는데, 채권자는 매각대금을 상계 방식으로 지급하고 싶으면 매각결정기일이 끝날 때까지 법원에 위와 같은 상계를 하겠음을 신고해야 하고 배당기일에 매각대금에서 배당받아야 할 금액을 제외한 금액을 납부하면 된다.

그러나 채권자가 배당받을 금액에 대하여 다른 이해관계인으로부터 이의가 있는 경우 매수인은 배당기일이 끝날 때까지 이에 해당하는 대금을 납부해야만 한다.

(46) 배당이의
배당기일에 출석한 채권자는 자기의 이해에 관계되는 범위 안에서 다른 채권자를 상대로 그의 채권 또는 채권의 순위에 대하여 이의를 할 수 있다. 이의를 제기한 채권자가 배당이의의 소를 제기하고 배당기일로부터 1주일 내에 집행법원에 대하여 소제기증명을 제출하면 그 금원에 대하여는 지급을 보류하고 공탁을 하게 된다. 이의제기 채권자가 그 증명 없이 기간을 도과하면 이의에도 불구하고 배당금을 지급되게 된다.

(47) 명도
점유인을 퇴거시키고 거기에 있는 동산을 철거한 후에 인도하는 것으로 명도는 인도의 한 형태이다.

(48) 부동산인도명령
부동산인도명령을 신청할 수 있는 자는 낙찰인과 낙찰인의 상속인 등 일반 승계인에 한하며 경락대금이 완납되었으면 소유권 이전등기가 되지 않았어도 인도명령을 신청할 수 있다.

인도명령신청은 경락대금을 완납한 경락인에게 부여된 집행법상의 권리이므로 경락인의 경락 부동산을 제3자에게 양도하였다하더라도 경락인만이 인도명령을 구할 수 있는 권리가 있다. 종전 소유자가 인도명령에 기한 인도를 거부하는 경우에는 경락인은 법원으로 부터 송달 받은 인도명령 정본과 송달증명서를 집행관에게 제출하여 집행을 위임하여 처리할 수 있다.

(49) 강제집행
강제집행은 채권자의 신청에 의하여, 집행권원에 표시된 사법상의 이행청구권을 국가권력에 의하여 강제적으로 실현하는 법적절차이다. 강제집행을 하기 위해서는 집행권원이 있어야 하며, 이를 위해서는 집행사실을 기재한 공증을 받거나 지급명령, 조정, 화해 등을 통해 판결이나 동일한 효력을 받아야 한다. 경매에서는 인도명령을 통해 그 효력을 인정받으며, 인도가 용이하지 않을 시 집행까지 진행하는 경우가 있다.

(50) 유체동산경매
유체동산의 집행은 채권자가 집행관에게 서면으로 신청함으로써 개시가 되는데, 집행을 하려면 집행력 있는 정본이 필요하다. 집행관이 압류를 실시한 후 압류물을 경매의 방법으로 현금화하는 절차로, 호가경매가 일반적이다.

호가경매는 미리 정한 장소에서 집행관이 매각조건을 정하여 이를 고지하고, 매각할 압류물에 대하여 매수의 신청을 알린 후, 입찰자가 있으면 매각대금과 맞바꾸어 매각물을 매수인에게 인도함으로써 종결하는 것이다. 호가경매기일에서 매수가 허가된 때에는 그 기일이 마감되기 전에 매각대금을 지급해야 하고, 지급이 완료되면 매각물을 매수인에게 인도하게 된다.

 

(1) Arbitrary auction (an auction for the execution of security rights, etc.)
It is an auction executed by the auction right held by the mortgage, lease, and lien, and it is a system in which the security holder takes the collateral with his/her own will, converts it, and receives reimbursement of the secured bond from the price.

(2) a forced auction
It is a procedure to seize and convert real estate owned by the debtor and execute it to obtain the satisfaction of the creditor's monetary claim with the sale price. It is a system in which a creditor with the right to execute a confirmed performance judgment, a confirmed payment order, a reconciliation record, a mediation record, and a notarized monetary claim documents are reimbursed by seizure of real estate or movable property owned by the debtor.

(3) reselling
In the case of real estate where the buyer fails to fulfill the obligation to pay the price after the bidder is determined, the judge in charge orders the resale after re-announcement of the bidding date by his/her authority and bids again.

(4) a lump sum sale
In consideration of the location, shape, and use relationship of several real estate subject to auction, the court may decide to sell them in batches according to its authority or at the request of interested parties.

(5) a public sale
Under the National Tax Collection Act, it is a procedure of compulsory sale by requesting a public institution called the Korea Asset Management Corporation to collect taxes in arrears, and it is a system in which the Korea Asset Management Corporation disposes of target real estate.

(6) the principle of eliminated
After the successful bidder receives the successful bid, all burdens existing on the real estate are extinguished and complete ownership is acquired.

(7) acceptanceism of acquisition
All burdens are not extinguished by the successful bid, but must be borne by the buyer. The Civil Procedure Act is based on the principle of subrogation, but exceptionally, acceptanceism is taken. Mortgages, collateral registration, and provisional seizure are all canceled regardless of the order, and all rights in the subsequent order are extinguished. However, rights such as first-priority mortgage rights, mortgage registration, superficies ahead of seizure, regional rights, and lease rights, etc. are not extinguished, so the buyer must bear them, and can be acquired separately depending on whether the legal ground rights and lien are recognized.

(8) Surplusism
If the execution court recognizes that there is nothing left to repay the real estate burden and auction costs that take precedence over the seizure creditor's bonds at the minimum auction price set by the court, it notifies the seizure creditor, confirms whether to buy it on its own, and cancels the auction procedure ex officio.

(9) opposing power
When a housing tenant receives the rental housing and completes the resident registration, even if the owner of the housing is changed to another person from the next day, he or she can counter it with the right of lease, which is called the opposing power of the housing tenant. It is said that the house tenant does not need to vacate the house for the new buyer until the full amount of the lease deposit is returned, but the opposing power is not recognized if there was a senior right before meeting the counter requirements.

(10) Priority repayment
Tenants with counter requirements (housing delivery, resident registration) and a fixed date in the housing lease contract will be reimbursed in preference to subordinated collateral holders or other creditors in the exchange rate of the leased house if the leased house is auctioned or auctioned.

(11) Date of confirmation
It refers to affixing the number and seal of the fixed date to prove the current date in the housing lease contract at the court's registry office or notary office, the Gu office, or the Dong office. You can receive the rental house and receive a fixed date along with the resident registration transfer report.

(12) Revocation criteria rights
If the winning bid is paid in full, the highest bidder actually acquires ownership of the winning real estate regardless of whether it is registered, and some of the rights on the certificate of registration are extinguished, and some rights are not subject to cancellation and must be acquired by the buyer.

The rights that can be the right to cancel are also recognized as collateral security, mortgage, seizure, seizure, security registration, compulsory auction commencement decision registration, and in some cases, the right to register on the certificate of registration. Usually, if it is faster than the cancellation standard right, it must be acquired as a senior right, and if it is later than the cancellation standard right, it will be extinguished as a subordinated right.

(13) Seizure
Unlike conducting an auction after a lawsuit, such as seizure, as a preservation means for compulsory execution by a final judgment or other execution authority, it can enter the auction immediately without litigation.

(14) Provisional seizure
It is a preservation means that prevents the debtor from escaping and hiding property during the litigation period when a lawsuit is filed for the right to claim that can be converted into monetary claims or monetary claims and compulsory execution.

(15) Provisional disposition
When a creditor with various claims for a specific object, such as the right to claim the return of property and the right to claim the delivery of lease, needs to fix the phenomenon as it is in the current state to preserve execution in the future, a disposition such as transfer is prohibited to a third party and measures necessary for its storage.

(16) Provisional registration
When the requirements for final registration are not met in a procedural manner, or when the right to claim the establishment, transfer, change, or extinction of rights is attempted, the order is preserved for the main registration. In order to smoothly transfer ownership, the order of registration is secured, and if the main registration is made based on the provisional registration, the order of the main registration will rise to the order of the provisional registration.

(17) Change
When important new matters in the auction process are added or rights are changed to proceed with the auction on the designated auction date, the auction date has been changed ex officio, and if the debtor shows efforts or intentions to pay back the debt, the court can accept it.

(18) Acting
The date is designated by the debtor, owner, or interested party with the consent of the auction application creditor.

(19) Cancellation
The decision to commence the auction itself is canceled due to the repayment of the debt or the extinction of the auctioneer.

(20) Withdrawal
If the auction application creditor withdraws the auction application act, the auction will no longer proceed and end. Such withdrawal is possible from the decision to the commencement of the auction until the successful bidder pays the price, and after the best buyer is determined, the consent of the highest buyer is required.

(21) Bidding
Bidding is impossible, that is, in auction bidding, it cannot be successful because there is no bidder, and it is declared invalid and is transferred to the next auction, which usually has a 20% to 30% reduction in the next bid.

(22) Stop
In addition to what has already been implemented, only future procedures are temporarily suspended.

(23) The end of the end
This means that everything, such as dividend objection, was closed after the auction was started and the dividend was completed. Usually, when the dividend is completed, it is marked as "final state" and if there is an unresolved issue due to dividend objection, etc., it is marked as "unfinal state."

(24) Rejected
It refers to rejecting the contents of the application under the Civil Procedure Act because there is no reason in the final trial, and the trial of dismissal is distinguished from the dismissal, which is a formal trial. A dismissal refers to a disposition rejecting administrative or judicial applications to a state agency, especially a trial in which the court rejects applications for litigation by the parties and other related persons.

(25) Evaluation report
By expressing the economic value of land, etc., the appraisal company elected by the state through the test calculates the amount for public land, various public projects and taxes, management dispositions, auctions, and lawsuits. In auctions, the initial sale price is the basis for determining the initial sale price, and the evaluation price is usually calculated in consideration of timing factors, regional factors, individual factors, and other factors in the official land price of the standard land, and the contents are allowed to be viewed by anyone.

 

(26) Current status survey report
After the decision to commence the auction, the court orders the execution officer to investigate the status of the real estate, occupancy, rent, or other status of the lease deposit, which the execution officer usually prepares and submits the investigation to the court, and anyone can see.

(27) Statement of sold items
The court is a document that contains the indication of real estate, the title of the occupant, the period of possession, and the statement of the person concerned about the lease or deposit. In addition, details such as the sale of rights or dispositions on registered real estate, an overview of superficies, separate land registration, and special conditions for sale are prepared, and are kept in the court one week before the sale date.

(28) Special terms of sale
In real estate auctions, a bid deposit is usually 10% of the lowest price, but in case the deposit is not paid for some reason, it refers to the condition of being paid as a bid deposit at 20% of the lowest price in the next order.

(29) Interested parties
Among those who have interests in the auction procedure, it refers to those who are interested in the law as they need to be specially protected, and they are deemed to have the right to participate in the overall auction procedure.

(30) Subrogation payment
It refers to the exercise of rights within the scope of the creditor because a third party (co-debtor, etc.) who reimburses and reimburses the debtor instead of the debtor acquires the indemnity. In general, if a subordinated lessee has a small amount of senior claim, it is often reimbursed instead to improve it to the position of a senior lessee to maintain its opposing power and to fully preserve the guarantee amount. In recent years, due to low-interest rates, some financial institutions have inherited the first-priority collateral security bond with the consent of the debtor, but instead repay it and take an auction to earn time for a certain period of time.

(31) Registration of land separately
The collective building has a different registration from the building, so the land and the building are traded as a whole. All rights are written only in the registration record of the exclusive part. If the land has a mortgage, the right relationship between the land and the building is not primary.

(32) Land right not registered
Originally, it is not possible to acquire the land right after the successful bid, but if there is an auction application for an unregistered collective building, the land use right is included in the target of sale, and if the appraisal amount is included in the minimum sale price, it is generally considered to be no problem.

In principle, the right to use the land is a subordinate right of the exclusive part of the building, and if the land share is not registered due to a simple lack of procedures, the ownership of the land share can be transferred by paying the price. However, in the case of non-registration of land rights in the new city area, there are cases where an additional amount must be borne depending on the non-payment of the pre-sale price, so caution is needed.

(33) Acquisition of land mortgage
It means that the buyer must be responsible for the amount of the collateral security bond because there is a collateral security in the land part, not in the building, but in the multi-family house with each building and land.

(34) Buildings other than the presentation
It is included and not included, but it is an object that is introduced (lot number ***, item **) and introduced in addition to the object (exceptional building). Separate toilets, warehouses, and rooftop rooms may be included in general houses.

(35) Request for dividends
In compulsory execution, creditors other than the seized creditors participate in execution and receive reimbursement, such as the Civil Act, commercial law, etc., or creditors who have made a provisional seizure after the registration of the auction commencement decision may request dividends from the court. A dividend request must be made until the end of the dividend request, and if not requested by this time, dividends cannot be received from the sale price, and after that, a claim for return of unfair profits cannot be filed against subordinate creditors who received dividends.

(36) Statement of claims
The creditor must submit to the court a statement of principal, interest, expenses, and other incidental bonds until the end of the dividend request. If the creditor fails to submit the bill, the court calculates the amount of the bond according to the dividend request and other evidential documents attached to the record, and the amount of the bond cannot be supplemented after the end of the dividend request.

(37) Bidding on the due date
As one of the methods of auction sale, it refers to an auction method that is conducted by attending the sale date and submitting a bid table and purchase application guarantee. The prospective buyer is asked to submit a bid table stating the bid price, and the bidder with the highest bid price recorded is determined as the highest bidder.

In addition, unlike the deadline bidding, there is a method of setting a bidding period within a range of more than one week and less than one month so that residents at a long distance can participate in the bidding through registered mail, but most courts only hold the deadline bidding.

(38) Date of sale
The auction court may post the time, place, etc. of the sale of the target real estate on the court bulletin board 14 days before the sale date and publicly announce it in the daily newspaper. When the sale date is set, the court notifies the interested parties of the sale date and the sale decision date so that there is no disadvantage.

(39) Report on the next priority purchase
Among bidders other than the highest bidder, those who bid at a price higher than the amount deducted from the highest bid may file a next-order bid report. If you report the next bidding, you will not receive the deposit back until the buyer pays the winning bid. Even if the successful bid is not allowed or the successful bid is granted for reasons limited to the highest bidder, it may be advantageous because if he fails to pay the successful bid price, he will not bid again and immediately grant the bid to the next bidder, but it is not done much in practice.

(40) Date of decision on sale
The highest bidder is sentenced by the bidding court as the date of determining whether to approve the successful bid, and only announces it on the court bulletin board, but does not notify the buyer, creditor, debtor, or other interested parties individually, and is usually determined within 7 days from the auction date. If an interested party (buyer, debtor, owner, tenant, mortgagee, etc.) does not appeal within one week after the decision to grant the successful bid is declared, the decision to grant the successful bid will be finalized. After that, the buyer must pay the winning bid on the payment date notified by the court, and the payment date is usually designated within one month from the date the decision to grant the winning bid is finalized.

 

(41) Certificate of qualification for farmland acquisition (farming certificate)
It is a document that must be issued by a person who wants to acquire farmland, and in the case of an auction, you can apply at the Eup, Myeon, Dong community service center where the farmland is located with a certificate of "best buyer" issued by the court. The processing period is within four days from the date of receipt, but in some cases, it can be issued on the same day.

Since it is an essential submission document for the decision to sell at an auction, it is necessary to check before bidding because the bid deposit may be confiscated if it is not issued. In the case of farmland less than 1,000m2, only an application for a certificate of eligibility for farmland acquisition is required, and in the case of farmland more than 1,000㎡, an additional agricultural management plan must be prepared.

(42) Immediate appeal
If an appeal against a court's decision or order or a decision to grant successful bid in the real estate auction process, the execution will be suspended, and the payment, dividend, or nerve sale date will be suspended until the decision is finalized.

When an appeal is dismissed by the debtor or owner, all money or securities provided as a guarantee are confiscated and included in the amount to be allocated, and if the appeal filed by another person is rejected, legal interest is charged on the sale price until the date the decision to dismiss the appeal is finalized.

(43) Entrustment of registration of ownership transfer
The ownership transfer registration is a transfer of ownership of real estate for a fee or free of charge by sale, inheritance, gift, etc., and this content is entered on the certificate of real estate registration. The entrustment is to ask someone to handle something on behalf of you, and when you become the highest buyer and pay the balance, the auctioneer in charge entrusts the registration of ownership transfer ex officio to the registration office.

In an auction, if the buyer pays in full, the ownership of the sold real estate is acquired, so if the buyer pays the registration fee and applies for registration, the transfer of ownership is registered for the buyer, and if various cancellation registrations are prepared, the right not taken over by the buyer is canceled.

(44) Dividends
If each creditor cannot be satisfied with the sale price, it is a procedure for distributing the sale price according to the priority of rights, and dividends are received for the order specified in the law. To this end, the execution court prepares a dividend table in advance before the dividend date, reads it to interested parties and creditors who requested dividends, hears opinions, and if there is anything to be corrected, completes the dividend table, and confirms it on the dividend date.

(45) Set-off
If the creditor and the debtor have the same type of bond debt, it is an expression of intention to eliminate the same amount of the bond and debt from each other. In auctions, creditors may become buyers at the same time, and if they want to pay the sale price in a offset manner, they must report to the court by the end of the sale decision date and pay the amount excluding the amount to be allocated from the sale price on the dividend date.

However, if the creditor has an objection from another interested party to the amount to be distributed, the buyer must pay the corresponding amount by the end of the dividend date.

(46) Dividend interest
A creditor present at the dividend date may object to the order of his/her claim or claim against other creditors within the scope of his/her interest. If the creditor who raised the objection files a lawsuit against the dividend and submits a proof of filing to the execution court within one week from the date of distribution, the payment of the money will be withheld and deposited. If the objection creditor exceeds the period without proof, dividends will be paid despite the objection.

(47) Lightning
Myeongdo Island is a form of India that is delivered after the occupant is evicted and the movable property there is demolished.

(48) Order for delivery of real estate
Those who can apply for a real estate delivery order are limited to general successors, such as the successful bidder and the heir of the successful bidder, and if the successful bid price has been paid in full, they can apply for the delivery order even if the ownership transfer has not been registered.

Since the delivery order application is a right under the Enforcement Act granted to the successful bidder who has paid the successful bid in full, only the successful bidder has the right to seek the delivery order even if the successful bidder's successful real estate is transferred to a third party. If the previous owner refuses to deliver the delivery order due to the delivery order, the successful bidder may submit the original delivery order and the delivery certificate served by the court to the execution officer and process it.

(49) Compulsory execution
Compulsory execution is a legal procedure that forcibly realizes the right to request judicial performance indicated in the execution right at the request of the creditor by the state power. In order to enforce enforcement, there must be an executive authority, and for this, a notarization stating the facts of execution must be obtained, or a judgment or the same effect must be obtained through payment orders, mediation, reconciliation, etc. In auctions, the effect is recognized through a delivery order, and if delivery is not easy, the execution may be carried out.

(50) Auction of fluid movable property
The execution of liquid movable property is initiated by the creditor applying in writing to the executive officer, and an executive copy is required to execute. It is a procedure in which the seizure is cashed by the method of auction after the execution officer performs the seizure, and the auction is common.

A bid auction is terminated by the execution officer determining the terms of the sale at a predetermined place, notifying the purchase application for the seized property to be sold, and delivering the sale to the buyer in exchange for the sale price if there is a bidder. When the purchase is permitted on the auction date of the asking price, the sale price must be paid before the deadline, and when the payment is completed, the sale is delivered to the buyer.