Article 23 and Section 1 in Constitution, property rights of all
national people are guaranteed. Through the clarification that the contents and limitations are determined by the laws, it could be understood that our property rights are protected as ...
Article 23 and Section 1 in Constitution, property rights of all
national people are guaranteed. Through the clarification that the contents and limitations are determined by the laws, it could be understood that our property rights are protected as basic human rights based on the capitalism and property rights are delegated by the laws against the situations where the property rights are infringed.
Regarding the auction in this paper, serious problems which are to satisfy the protection of owner’s lawful property rights and the debts collections of creditors at the same time should be considered when the property rights of individuals are compulsively transferred by force.
And therefore, Civil Execution Act which is delegated and enacted by the Article 23 and Section 1 in Constitution has auction system as an enforced procedure in Civil Execution Act. Basis of auction evaluation
can also be found at Article 7 and Section 2, Article 97, Article 97 and Article 82 and Section 1 in Civil Execution Act.
However, because of general and abstract characteristics of the laws, various notifications or guidelines are required as a manual. Auction evaluation is not an exception as well.
Nevertheless, it is a reality that there is no clear standard. Because the weight of auction evaluation market is small in the entire market and most of auctions are progressed mainly by the individual law offices, systematic efforts of the association are thought to be insufficient.
But, if this situation is continuously neglected, fairness and publicness of auction, protection of private properties and providing of correct information will be difficult to exist.
This paper is starting from this point. In order to understand
auction evaluation correctly, auction system, appraisal and assessment system and theoretical discussion about auction evaluation cannot be
avoided, because the reason why auction evaluation has such characteristics in appraisal and assessment system can be identified, as long as auction system is understood. In addition, auction evaluation
is also in a big fence which is called as appraisal and assessment. In the absence of auction evaluation guides, theories and rules of appraisal and assessment become the foundations. But, there is one limitation which cannot reflect the characteristic of auction evaluation.
In most auction procedures in our country, auction evaluation is compulsorily stipulated for real estates and court appraisers are executing their practices. And therefore, numerous precedents cases and damage compensation cases are accumulated. Above mentioned
theoretical study and inductive study through precedents cases are showing the problems in current auction evaluation and relevant improvement plans.
The problems of auction evaluation are; first, it is difficult to make auction evaluation because the approach to auction objects is difficult when the occupants are not present or they don’t cooperate. Second, there are problems in auction evaluation because there is no determination
procedure of auction objects, compared with those of compensations.
Third, because of the absence of auction evaluation guides, owners,court creditors and bidders cannot clearly understand the auction evaluations.