사례로 학습하는 기본 경매 - 실패 없는 경매 투자를 위한 사례 분석 기본서

탄탄한 기초와 분석력을 갖춰야

경매 세계에서 최종 승자가 될 수 있다!

성공한 투자자들의 영웅담이나 권리분석 이론은 넘쳐나지만, 실제로 수익으로 이어지는 ‘물건 선별 안목’을 기르는 정보는 좀처럼 찾기 어렵다. 경매 초보 투자자부터 실전 고수까지, 반드시 알아야 할 실전 경매 분석법을 다룬 책 《사례로 학습하는 기본 경매》가 출간됐다.

 

이 책은 저자인 김민솔 작가가 네이버 카페 ‘경공매를 통한 부자 클라이밍’에 가입해서 많은 경험을 하며 알게 된 ‘진짜 경매 정보’를 체계적으로 정리한 실전형 입문서다. 이 책에 담긴 다양한 사례와 그에 대한 분석 방법을 공부하면 경매 물건을 분석하고 수익으로 이어지는 투자를 해낼 자력을 기를 수 있을 것이다.

 

또한, 공저자인 이실장 작가는 “하는 일마다 풀리지 않아 방황하던 시절, 30년 지기의 ‘경매라도 해볼까?’라는 말 한마디에 경매를 시작하게 됐다”라며, “초심자의 행운으로 첫 낙찰을 경험한 뒤 수익도 맛봤지만 치열한 경쟁 속에 수익을 내기 어려운 현실에 부딪혔다”라고 전했다. 그러다 운명처럼 경매 교육의 멘토를 만나게 되었고, 그 가르침 속에서 ‘경매는 분석력과 안목이 만드는 투자’라는 진리를 깨달았다고 한다. 이 책은 그 깨달음의 총체이자, 같은 고민을 가진 독자들에게 전하고 싶은 실전 경험의 집대성이다.

 

책은 총 7장으로 구성되어 있으며, 등기사항전부증명서 및 감정평가서 분석법, 현장 조사 요령, 임대차와 배당 문제까지, 경매 투자의 A to Z를 깊이 있게 다룬다. 각 장에는 실전 사례와 함께 ‘수익으로 이어지는 지식’과 ‘실전 팁’을 삽입해, 독자 스스로 판단하고 분석하는 힘을 키울 수 있도록 돕는다.

 

저자는 “이 책을 통해 독자들이 보다 쉽게 실질적인 지식을 얻고, 스스로 투자 판단을 할 수 있는 눈을 키우길 바란다”라며 “삶의 목표를 잃고 방황하는 누군가에게, 이 책이 작은 희망과 원동력이 되길 바란다”라고 밝혔다.

[목 차]
  

프롤로그 ································································································· 4

 

Ⅰ. 물건 분석

1. 등기사항전부증명서(등기부) 분석으로 얻는 투자 힌트························ 14

선순위 말소기준권리가 중첩되는 경우, 동순별접에 따른다···································· 16

ㆍ 수익으로 이어지는 경매 지식······························································· 17

상속공유지분이 경매되는 이유를 추론하자 : 입찰 전, 협상 대상을 알아내는 안목·········· 18

형식적 경매가 진행되는 이유를 추론하자 : 그 물건에 얽힌 가정사가 보인다················ 23

ㆍ 수익으로 이어지는 경매 지식······························································· 23

사해행위 : 채무자에게 필요한 물건이라는 시그널··············································· 27

ㆍ 수익으로 이어지는 경매 지식······························································· 29

ㆍ 수익으로 이어지는 물건 선별 팁···························································· 30

3가지 요소를 갖추고 있으면 수익화가 수월한 물건············································· 31

ㆍ 수익으로 이어지는 물건 선별 팁···························································· 32

2. 감정평가서 분석············································································· 34

나지상정가격을 확인해야 한다 : 법정지상권 투자의 키········································· 35

ㆍ 수익으로 이어지는 물건 선별 팁···························································· 39

ㆍ 투자 손실 막는 실전 팁······································································· 41

개별요인비교표를 통해 나지상정가격을 알아낼 수 있다 1····································· 42

개별요인비교표를 통해 나지상정가격을 알아낼 수 있다 2····································· 45

감정가가 과소평가되었다면 : 낙찰가 산정에 반영해 낙찰 확률을 높이자···················· 47

ㆍ 투자 손실 막는 실전 팁······································································· 51

감정평가서가 2개인 이유 :

경매 대상에 포함되지 않는 제시 외 건물은 감정평가에서 제외시킨다························ 52

ㆍ 수익으로 이어지는 경매 지식······························································· 55

3. 권리분석························································································ 58

말소기준권리························································································· 59

ㆍ 수익으로 이어지는 경매 지식······························································· 60

말소기준권리 심층 분석 : 가등기나 가처분의 피보전권리가 저당권설정청구권인 경우···· 62

ㆍ 투자 손실 막는 실전 팁······································································· 65

낙찰자가 인수해야 되는 위험한 근저당권························································· 66

위법한 경매 : 일괄 매각을 하는 게 타당함에도 개별 매각을 했다····························· 69

물건의 현황과 공부가 불일치할 때 매수인은 소유권을 취득할 수 있을까?··················· 73

ㆍ 수익으로 이어지는 경매 지식······························································· 77

간접점유의 함정 : 소멸시효가 진행되지 않게 만든다··········································· 78

고수익 투자 꼼수 : 공유지분 가등기 수법························································· 83

 

Ⅱ. 물건의 현장 조사

현장 조사를 생략할 수 있는 눈썰미································································ 91

ㆍ 투자 손실 막는 실전 팁······································································· 93

공매가 진행 중인 땅에 무덤이 늘어났다·························································· 96

아파트를 둘러싼 송전탑 : 현장 조사의 중요성··················································100

 

Ⅲ. 입찰

차 안에서 경쟁자를 파악해 입찰가를 결정했다·················································105

ㆍ 투자 손실 막는 실전 팁······································································106

입찰 방식으로 절세하기 : 공동입찰, 단독입찰··················································107

ㆍ 수익으로 이어지는 경매 지식······························································108

차순위 매수 신고····················································································110

공유자우선매수 제한 3가지 사례··································································113

ㆍ 수익으로 이어지는 경매 지식······························································113

공유자의 특권, 공유자우선매수 제한 1·····················································114

공유자의 특권, 공유자우선매수 제한 2·····················································116

공유자의 특권, 공유자우선매수 제한 3 : 매매로 취득한 지분권자는 허용·············119

내 전셋집 경매에 입찰해 내 집 마련하기·························································122

 

Ⅳ. 절차상 다양한 물건

강제경매의 취소 : 최고가매수신고 이후에 채무자의 취하 방법·······························129

임의경매의 취소 : 최고가매수인 동의 없이 경매를 취하시킨 채무자·························132

무잉여 경매를 진행시킬 수 있는 비법 : 적정한 매수 신청금액 계산 방법···················135

개인회생 절차 중에 있는 강제경매 물건은 피하는 게 좋다····································140

ㆍ 투자 손실 막는 실전 팁······································································143

매각기일 통지가 누락되면? : 법원의 직권불허가···············································145

매각기일연기 신청: 최대의 투자 수익을 위한 NPL 투자자의 계략···························149

Ⅴ. 임대차 - 인수 여부를 중심으로

전 소유자가 임차인인 경우·········································································155

까다로운 임차인 대항력 분석 : 재계약한 종전 임차인·········································158

세대합가와 대위변제를 알면 보증금을 지킬 수 있다···········································163

ㆍ 수익으로 이어지는 경매 지식······························································166

전처가 남편 집의 임차인이라면···································································168

우선변제권 행사의 일회성·········································································172

ㆍ 수익으로 이어지는 경매 지식······························································173

ㆍ 수익으로 이어지는 경매 지식······························································176

ㆍ 투자 손실 막는 실전 팁······································································177

미등기 주택의 임차인은 토지에 우선변제권이 있을까?········································178

채권은행은 ‘채권 회수’를 위해 움직인다·························································181

ㆍ 투자 손실 막는 실전 팁······································································183

우선변제 요건과 유지 방법 : 실무에서의 주의사항·············································184

 

Ⅵ. 특수한 권리분석

무시무시한 압류의 처분금지효력 : 소유권을 좌우한다·········································191

협상 전략 : 지분낙찰 후 공유물가액분할 시 세금···············································195

잔금 미납 시 입찰보증금 몰수 : 매각불허가 사유 찾아내 입찰보증금 반환받기············197

ㆍ 수익으로 이어지는 경매 지식······························································201

분양대금 미납이 부른 대지권미등기······························································203

ㆍ 투자 손실 막는 실전 팁······································································205

 

Ⅶ. 배당

대항력 있는 임차인의 배당요구 1 :

배당요구종기일 이후에 했다면 임차인 보증금 인수············································209
대항력 있는 임차인의 배당요구 2 :

배당요구종기일 이전에 철회하면 임차인 보증금 인수·········································211

ㆍ 투자 손실 막는 실전 팁······································································213

소액임차인 최우선변제권··········································································214

ㆍ 수익으로 이어지는 경매 지식······························································214

소액임차인 최우선변제권의 예외: 임차권등기 이후 전입한 임차인··························218

ㆍ 투자 손실 막는 실전 팁······································································221

전 소유자가 임차인이고 보증금이 증액된 경우·················································222

임차인의 경매 신청은 배당요구로 본다··························································224

대항력 있는 선순위 임차인의 확정일자가 늦은 경우, 금액을 알 수 없는 압류까지 있다면···227

ㆍ 수익으로 이어지는 경매 지식······························································229

[본 문]
  

말소기준권리의 확인을 위한 권리분석 시 등기부를 볼 줄 알아야 한다. 더 나아가 일반물건이 아닌 소위 특수물건에 대한 투자를 위해서는 해석의 영역이 존재하고 이를 해석할 줄 알아야 한다. 권리분석 지식에 해석력을 더하면, 경쟁하지 않으면서 높은 수익을 올릴 수 있는 물건을 찾을 수 있다.

-p. 18

 

토지와 건물이 각각 다른 사람에게 귀속되면, 토지 위 건물의 소유자는 아무런 권원 없이 타인의 토지를 사용하는 것이 된다. 토지 소유자가 철거하길 원하면 건물을 철거당하는 처지가 되고, 멀쩡한 건물이 철거되면 사회·경제적으로도 상당한 손실이 생긴다. 법정지상권은 이를 방지하기 위해 만들어졌다.

-p. 36

 

사람 간에 법률관계를 맺으면, 그에 따라 누군가는 일정한 역할을 담당하고 상대방은 그 사람이 그 역할에 걸맞은 행동을 할 거라는 신뢰를 가진다. 그 신뢰는 보호받아야 한다. ‘신뢰에 어긋나는 예측하지 못한 피해를 주는 행위로 억울한 자’가 발생하면 안 된다.

-p. 60

 

첫 번째 사례의 경매 대상 물건은 토지와 건물이다. 토지, 건물 각각의 말소기준권리를 확인해야 한다. 매각물건명세서의 최선순위 설정 일자를 확인하거나 토지 등기부와 건물 등기부를 확인하면 된다. 건물에 임차인이 있는 경우, 임차인의 대항력은 건물의 말소기준등기를 기준으로 판단해야 한다.

-p. 63

 

토지 지분 낙찰 후 내용증명과 협상만으로 매도되는 경우가 있고 협상이 쉽게 이뤄지지 않아 부당이득 반환 청구, 공유물 분할 청구, 건물 철거 소송 등 민사 소송과 협상을 병행하는 과정에서 매도되는 경우가 있다. 그래서 특수경매 투자자는 물건 선별이라는 첫 단추를 잘 끼우고, 낙찰 후에는 관련 소송과 협상에 대한 지식과 기술로 최대한 매끄럽고 빠르게 매도해내야 한다.

-p. 195

 

대항력 있는 임차인은 반드시 배당요구종기일까지 ‘권리신고 겸 배당요구 신청’을 해야 배당을 받을 수 있다. 만약 대항력 있는 임차인이 배당요구종기일 이후에 배당요구 신청을 했다면 낙찰자가 그 임차인의 보증금을 인수해야 한다.

-p. 210