경매절차에서 매각대금을 배당할 때, 매각대금으로 배당에 참가한 모든 채권자를 만족하게 할 수 없는 때에는 민법, 상법, 근로기준법 등 여러 법률에서 정한 채권의 우선순위에 따라 배당하도록 하고 있다. 그러나 채권의 우선순위에 관계있는 실체법규정들은 여러 법률에 산재되어 있을 뿐만 아니라, 우선변제권이 인정되는 각종 채권들 사이의 배당순위에 대한 기준이 명확하지 않다. 또한 배당의 우선순위가 정해진 후에도, 실체법상 배당절차에서 목적물에 매각대금에서 매각대금으로부터 배당에 참가한 채권들 간의 배당액 할당에 관한 일반적 규정이 없다. 그러므로 배당순위에 변동이 있는 경우에는 안분배당 후 우선변제권자가 흡수한다는 안분흡수방법에 의하여 배당액을 결정하는 등 그 내용이 매우 복잡하게 구성되어 있다.그러므로 본 논문에서는 경매시 배당순위와 관련된 실체법상의 규정들을 살펴본 후, 경매절차에서 배당에 참여한 각 채권들 간의 우선순위와 배당금액에서 배당되는 채권액의 선후에 대해서 살펴보고자 한다.

Allotment Order and Method in the Auction Process When a situation arises where all the creditors who have partaken in the allotment of the sum of money from the auction sales in an auction process are unable to be satisfied, they are supposed to follow the priority order of credit settlement that have been put forward by several laws such as civil law, commercial law and the labor standard act. However, the substantive laws that are related to the priority order of the credit settlement are not only dispersed about in various laws but also have no clear standards regarding the distribution order among the various creditors who are acknowledged to have priority rights. Furthermore, even after the priority order of allotment has been decided, in the allocation process according to the substantive law, there is no general regulation regarding the actual allocation of the sum of money between the creditors that have partaken in the sum of the money from the sale of the said object. Therefore, in the case where there are changes in the allocation order, the contents of the proceedings are very complex such as where the allotment money is decided by a proportional absorption method where a priority creditor gets the money after a proportional division is carried out. It is the intention of this paper to investigate into the regulations of the substantive law regarding allocation order in the event of an auction first then will go on to look deeper into the beginning and aftermath of the credit amount that is allocated out from the allocated money as well as the priority order between each creditors who had participated in the auction process.

Allotment Order and Method in the Auction Process When a situation arises where all the creditors who have partaken in the allotment of the sum of money from the auction sales in an auction process are unable to be satisfied, they are supposed to follow the priority order of credit settlement that have been put forward by several laws such as civil law, commercial law and the labor standard act. However, the substantive laws that are related to the priority order of the credit settlement are not only dispersed about in various laws but also have no clear standards regarding the distribution order among the various creditors who are acknowledged to have priority rights. Furthermore, even after the priority order of allotment has been decided, in the allocation process according to the substantive law, there is no general regulation regarding the actual allocation of the sum of money between the creditors that have partaken in the sum of the money from the sale of the said object. Therefore, in the case where there are changes in the allocation order, the contents of the proceedings are very complex such as where the allotment money is decided by a proportional absorption method where a priority creditor gets the money after a proportional division is carried out. It is the intention of this paper to investigate into the regulations of the substantive law regarding allocation order in the event of an auction first then will go on to look deeper into the beginning and aftermath of the credit amount that is allocated out from the allocated money as well as the priority order between each creditors who had participated in the auction process.

auction process, allotment process, order of allotment, the allocated money, method of allotment.