• Title/Summary/Keyword: 미완성건물

Search Result 2, Processing Time 0.017 seconds

A Study on Qualification for Possessory Lien on and Auction of Unregistered Buildings (미완성건물의 유치권 및 강제경매 대상적격에 관한 연구)

  • Lee, Jae Seog;Jung, Bo Seon;Lee, Sang Youb
    • Korea Real Estate Review
    • /
    • v.28 no.4
    • /
    • pp.53-62
    • /
    • 2018
  • 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.