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法拍屋底價合理化認知差異之研究

A Study of The Cognitive Difference of Rationalized Auction Prices in Court Auction Housing Market From Two Alternative Appraisal Professions Perspectives

指導教授 : 周士雄
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摘要


台灣法拍屋市場由於競爭不足,資訊揭露程度不充分及市場風險高等負面印象,導致市場價格較一般市場為低,再加上相關法規規定其價格必須以比照一般市場,且未經專業評估合理價格,導致訂價過高不符市場真實價格,拍次過高且執行效率不佳。從文獻研究可知,在台灣法拍屋市場底價訂定目的,依法律觀點而言仍在於確保債權人能獲得最低清償限度之表現,此外法規規定底價訂定必須與市價相當,並需由當事人表示意見,此乃為了同時保障債權人、債務人權益而設。但長久以來在現行訂價規定下造成底價訂定後平均需經過三拍才能拍定,法院執行效率不彰,也造成債權人須忍受不斷流標之壓力與時間成本,對於債權人、債務人難以有實質權益之保障。 本研究為探求法拍屋底價合理化,以「鑑定人」、「執行程序」及「價格因素、估價方法」三個面向,從不動產估價師在執行面,及債權人在使用面的觀點,透過態度量表之問卷調查歸納及比較影響法拍屋底價之因素。 研究成果顯示,影響法拍屋底價合理化主要因素中,在法拍屋訂價程序方面的因素包括,「法拍屋估價專業程度」、「不動產估價技術規則」、「法拍屋估價程序的統一」、「法拍屋估價收費的統一」及「法拍屋估價報告書格式」;在法拍屋價格因素及估價法方面的因素有「鄰近地區法拍屋市場價格」、「不點交情況」、「法拍屋風險」、「法拍屋特色」及「以市價評估」;在法拍屋鑑定人專業分工方面,顯示金融機構人員對不動產估價師擔任法拍屋鑑定人在「證照制度之建立」、「證照制度對專業之保障」、「個別專長」、「專業道德規範」及「專門職業項目」等皆有高度認同,而對建築師擔任法拍屋鑑定人在專業分工問題之各問項上認同度相對較低。

並列摘要


Since there is insufficient competition in the market of house auction conducted by the court, insufficient extent of information disclosure as well as the high market risk and other negative impressions, it leads to a lower market price than the general market price. Plus, the relevant laws and orders stipulate that the price should compare the general market and without a professional assessment of the rational price, all this has led to the fact that the pricing is too high without complying with the real market price, too frequent auctioning and the execution rate is not good. It can be known from the literature research that from the legal perspective, the purpose of determining the bottom price of the house auction conducted by the court in Taiwan still remains to ensure that the creditor can obtain the lowest indemnity limit. Besides, the determination of the bottom price ruled by the laws and orders should be equivalent to the market price and requires the party concerned in question to present the opinion that it is established for the purpose of safeguarding the interests of the creditors and debtors. However, for a long time, the current pricing rule has resulted in the fact that the auction may succeed after three times on average after determining the bottom price. The execution rate of the court is not obvious, which has also resulted in the fact that the creditor has to tolerate the pressure from failed auction constantly as well as the time cost. It is therefore difficult to substantially safeguard the interests of the creditors and debtors. This research aims to explore the rationalization of the bottom price of the house auction conducted by the court, inducing and comparing the factors affecting the bottom price of the house auction conducted by the court through the questionnaire surveys of the attitude indicator from the viewpoints of the real estate assessors in execution and the creditor in use in the three dimensions of "Appraiser”, “Execution procedure” as well as “Price factors and estimate methods”. The research has shown that among the main factors affecting the rationalization of the bottom price of the house auction conducted by the court, the factors in terms of the pricing procedures of the house auction Ⅲ conducted by the court include “the professional extent of the estimate of the house auction conducted by the court”, “the technical rules of the appraisal of the real estate”, “unification of the estimate procedures of the house auction conducted by the court”, “unification of the estimate collection of the house auction conducted by the court” and “the form of the estimate report of the house auction conducted by the court”. The factors in terms of the price of the house auction conducted by the court as well as the estimate methods include “the market price of the house auction conducted by the court in the neighboring district”, “not check and turn over conditions”, “risks of house auction conducted by the court”, “features of the house auction conducted by the court” and “assessment with market price.” In terms of the professional division of labor of the appraisers of the house auction conducted by the court, the financial institution personnel has a high degree of agreement with the real estate acting as the appraisers of the house auction conducted by the court in the respects of “the establishment of certificate & license system”, “the guarantee of certificate & license system on the profession”, “individual expertise”, “professional moral regulations” and “professional career items” etc.. There is a relatively low degree of recognition as to such issues as professional division of labor for the architects acting as the appraiser of the house auction conducted by the court.

參考文獻


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被引用紀錄


鍾宏志(2017)。中古屋與法拍屋的屬性差異所形成產品風險之研究-以臺中市為例〔碩士論文,國立臺中科技大學〕。華藝線上圖書館。https://www.airitilibrary.com/Article/Detail?DocID=U0061-1907201715314900

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