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A Study on Qualification for Possessory Lien on and Auction of Unregistered Buildings

  • Korea Real Estate Review
  • 2018, 28(4), pp.53-62
  • DOI : 10.35136/krer.28.4.4
  • Publisher : korea real estate research institute
  • Research Area : Social Science > Law > Law of Special Parts > Law of Real Estate
  • Published : December 31, 2018

Lee, Jae Seog 1 정보선 2 Lee, Sang Youb 2

1서울남부지방법원
2건국대학교

Accredited

ABSTRACT

When the contractor does not receive payment for his work due to the client’s funding default, he can take various legal measures against the client, in addition to refusing to transfer the building under construction to the client. To claim top payment priority and to demand the equal enforcement of the law by applying for compulsory auction or auction by exercising the right of lien, the contractor should know the construction phase or the point in time when he could exercise a lien or apply for a forced auction of the unregistered building. This study was conducted to examine qualification for lien and auction of an unregistered building. First, the general criteria for qualification for lien from qualification for ownership were examined. This means that an unregistered building can be subject to lien from a certain point in time in the construction phase, where the ownership is qualified as an independent real estate with minimal pillars, roofs, and walls. Second, the contents of the narrow and broad auction qualification were analyzed. As the contractor can select the appropriate legal means to reimburse the construction cost for the unregistered building, the results of this study are expected to provide the bases for qualification for lien on and auction of unregistered buildings.

Citation status

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