Which buyers may offer to pay the purchase price by difference on auctioned property, on whose terms, and up to what point in the sale procedure?
General information · Not legal advice
Material to check
In a practice file we read the land or building register showing the applicant's mortgage or the lease rights that carry opposition effect against a later owner, the auction notice fixing the sale-decision hearing date, and the written application the applicant filed with the tax office director before that date.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading sets the scope narrowly: only a buyer applicant for auctioned property who holds a registered mortgage or a lease with opposition force, or the other rights the provision names, and whom the Presidential Decree designates, may apply; the application must go to the tax office director having jurisdiction and must be filed before the sale-decision hearing date, undertaking to pay as the purchase price everything except the amount that would be distributed to that applicant under the distribution rule the provision cites.
Another reading stresses that the Act does not itself fix the full class of applicants: it adds a catch-all marker after the rights it names and leaves the persons who may apply to be defined as prescribed by the Presidential Decree, so the outer edge of who may act under this provision depends on a decree the provision itself only points to.
Your judgment
When an applicant's mortgage is registered but its value nearly equals the amount it would receive on distribution, does the file show an applicant the decree designates, or one whose payment would make no difference?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again when the Presidential Decree designating who may apply is issued or amended, or if the provision is changed to fix the class of applicants within the Act itself.