[부동산경락허가결정에대한재항고][집18(3)민,187]
If an auction is held after the auction is impossible on the date of auction which reduces the lowest price after changing the auction date, the procedure for reducing the error shall be cured.
If an auction is held after the auction is impossible on the date of auction which reduces the lowest price after changing the date of auction, the procedure for reducing the error shall be cured.
Article 631(1) of the Civil Procedure Act, Article 32 of the Auction Act
Re-appellant
Suwon Branch Order 70Ra434 dated August 21, 1970
The reappeal is dismissed.
The judgment on the grounds for reappeal by the re-appellant
In the case of changing the auction date, it is like the theory of lawsuit that it is impossible to reduce the minimum auction price after the change of the auction date, but even on the auction date after the reduction of the minimum price by mistake of the court, and in the case of a successful bid thereafter, the auction is impossible, and in the case of a successful bid, the procedure for reducing the above mistake shall be cured. Therefore, after the change of the official authority of April 28, 1970 after the change of May 28, 1970, the auction is impossible and it is obvious that the auction is held in 6.26 of the same year, and even if the records of the case are determined, it is obvious that the auction is not possible and there is no procedural permission. Therefore, the court below's decision is justified and discussed.
Therefore, the reappeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices.
Supreme Court Judge Yang Byung-ho (Presiding Judge)