[부동산경락허가결정에대한재항고][집15(2)민,188]
The validity of the payment of the successful bid price in case where a subsequent application is permitted after the payment of the successful bid price has been made.
Where an application for the subsequent completion of a decision to grant a successful bid made after full payment of the successful bid price is permitted, the decision to grant the successful bid price has not been finalized until the judgment on the application for the subsequent completion becomes final and conclusive. Therefore, the payment of the successful bid price cannot be deemed legitimate.
Article 654 of the Civil Procedure Act, Article 34 of the Auction Act
Re-appellant
Seoul Civil District Court Decision 67Ra167 delivered on May 9, 1967
The reappeal is dismissed.
The re-appellant's re-appellant's ground for re-appellant
The original decision was made on November 26, 1962 that there was no immediate appeal from interested parties, etc. within the statutory period. Thus, the auction court shall be deemed to have decided on the successful bidder's bid price. Since the auction court designated 10:0 on January 23, 1963 as the due date for the payment of auction price, Dong shall pay the auction price in full on the designated date. On February 11, 1963, the appeal was filed by interested parties, and the appeal was made on February 11, 1963. The appeal was dismissed by the Supreme Court on the grounds that the appeal was groundless in this case as well as by other reasons, and the reappeal was also dismissed by the court of appeal. However, the appeal filed by the appellant on June 23, 1964 is also justified and it cannot be concluded that the appeal was dismissed by 100 on the ground that the appeal became final and conclusive on the ground that the appeal became final and conclusive on the ground that the appeal was not dismissed by 10 on June 23, 199.
Therefore, the reappeal is dismissed without merit. It is so decided as per Disposition by all participating judges.
Supreme Court Judge Madung (Presiding Judge) Kim Gung-bun and Madlebro