逾期未辦繼承登記不動產標售時之優先購買權

The Preferential Right in the Compulsory Auction of Real Estate that has not been Registered for Inheritance

按土地法第73條之1規定：「（第1項）土地或建築改良物，自繼承開始之日起逾一年未辦理繼承登記者，經該管直轄市或縣市地政機關查明後，應即公告繼承人於三個月內聲請登記，並以書面通知繼承人；逾期仍未聲請者，得由地政機關予以列冊管理。

According to Article 73-1 of the Land Law, the land administration authority may Inventory management the private real estate that has not applied for inheritance registration within the time limit, and if it has not applied for inheritance registration after the expiration of 15 years, it will be transferred to the National Property Administration for compulsory auction. When the real estate is auctioned, the inheritors, lawful occupants, or other co-owners have preferential right to purchase the area occupied by them in the said order.
This article mainly elaborates on the legislative purpose of this preferential right and its intended provisions, as well as selects several recent civil court judgments on this preferential right dispute to illustrate the problem points of its content.