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Deals & Cases

Compulsory Auction of Real Estate

Mokpo Legal Consultation | Assisting the Client to Obtain a Decision to Commence Compulsory Auction of the Debtor's Real Estate

The client who came to the Mokpo legal consultation wished to obtain a decision to commence a compulsory auction of real estate owned by the debtor.

Through the Mokpo attorney's legal consultation, the client succeeded in commencing the auction proceedings.

CONTENTS
  • 1. The Client's Situation
    • - Mokpo Legal Consultation Explains Compulsory Real Estate Auction
  • 2. Mokpo Legal Consultation: Assistance in Commencing a Client's Compulsory Real Estate Auction
    • - Mokpo Legal Consultation: Asserting the Existence of a Title of Execution
    • - Mokpo Legal Consultation: Asserting the Debtor's Failure to Repay
  • 3. Result of Mokpo Legal Consultation Assistance: Successful Commencement of the Compulsory Real Estate Auction Procedure

1. The Client's Situation

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The client who requested help from the Mokpo legal consultation was in a situation where the client continued to be unable to collect the debt from the debtor.

Because the client had secured an enforcement title ordering payment of the debt, the client decided to enforce a compulsory auction of the real estate owned by the debtor and recover the debt.

The client again made an inquiry to the Daeryun Law Firm Mokpo attorney's office, where the client had previously inquired about a lawsuit to secure the enforcement title.

Mokpo Legal Consultation Explains Compulsory Real Estate Auction

A compulsory real estate auction is a procedure in which, if a debtor fails to repay a debt, the creditor obtains the court's assistance to compulsorily place the debtor's real estate up for 🔗auction and to be repaid from the proceeds.

The general procedure for a compulsory real estate auction is as follows.

1. Securing a title of execution
Before a creditor can apply for a compulsory auction, the creditor must first secure a title of execution (for example, a final judgment or a notarial deed).
A title of execution is a document that clearly establishes the debtor's legal obligation to pay a specific amount.

2. Application for the auction
The creditor must apply for the compulsory auction with the competent court.
At the time of application, the creditor submits the certified copy of the real estate register, the title of execution, the amount of the claim, and similar materials.

3. Investigation and appraisal of the real estate
The court investigates the condition and value of the real estate and determines its market value through an expert appraisal. This is used to set the starting auction price (the minimum bid price).

4. Public notice of the auction
The court publicly announces the auction schedule and conditions. The auction notice is generally disclosed through the court's auction system, the internet, and similar channels.

5. Conduct of the auction
The auction proceeds with bidding according to the schedule set by the court.
The final successful bidder pays the bid price and has ownership transferred.

6. Distribution procedure
Once the auction proceeds are secured, the court distributes them among the creditors.
The distribution is divided according to the priority of the creditors (security holders, lessees, and others), and any remaining amount is returned to the debtor.

7. Loss of the debtor's ownership
After the auction is completed, the successful bidder has ownership of the real estate transferred through a court order, and the debtor loses ownership.
In this process, the creditor receives the proceeds from the sale of the real estate through the auction, but if the bid price falls short of the debt amount, the creditor may need to separately pursue collection of the remaining amount.

2. Mokpo Legal Consultation: Assistance in Commencing a Client's Compulsory Real Estate Auction

Through Mokpo legal consultation, the attorney provided assistance in commencing a compulsory real estate auction.

Mokpo Legal Consultation: Asserting the Existence of a Title of Execution

With the assistance of the attorney, the client obtained an execution clause directing payment of the relevant amount in the construction payment claim lawsuit against the debtor.

The attorney asserted that, in that construction payment lawsuit, a certificate of service and an execution clause based on provisional execution had been granted.

🔗Legal Information on Construction Payment Lawsuits as Explained by the Attorney (Click)

Mokpo Legal Consultation: Asserting the Debtor's Failure to Repay

The attorney asserted that, although the debtor had received a judgment in the earlier construction payment claim case ordering payment of approximately 60 million won to the client, the debtor had not repaid any of it, and stated that an application for a compulsory auction of the real estate owned by the debtor was being filed in order to apply the proceeds toward repayment of the above claim.

3. Result of Mokpo Legal Consultation Assistance: Successful Commencement of the Compulsory Real Estate Auction Procedure

As a result of the Mokpo legal consultation assistance, the client obtained a decision ordering the commencement of the auction procedure against the real estate owned by the debtor.

The court stated as its reasons that “the creditor's application based on the enforceable certified copy of the judgment in the construction payment case, for the purpose of applying the proceeds toward repayment of the above claimed amount, is well founded.”

As with this client, a compulsory real estate auction requires complex and specialized legal procedures.

This is because a compulsory real estate auction is a complex procedure in which a creditor disposes of the debtor's real estate to recover a claim, and in this process, legal errors or procedural problems may significantly affect the outcome of the case.

Daeryun Law Firm provides tailored solutions for the client's case through a task force of three to twenty members.

Even amid complex litigation and procedures, the firm works closely as one team and does its best to resolve the client's case.

If you are seeking a 🔗attorney referral in the city of Mokpo for a situation like the above, please visit the Daeryun Law Firm 🔗Mokpo office.

목포법률상담 | 의뢰인 도와 채무자 부동산강제경매 개시 결정

This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
Unauthorized reproduction, duplication, or distribution and other copyright infringements may result in legal action under applicable laws.

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