Main Issues

Whether a person holding a provisional registration is an interested party in auction procedure

Summary of Judgment

A provisional registration is effective only to preserve the order of the principal registration to be made on the next day, and the third acquisitor who has not yet made the principal registration is unable to assert the acquisition of rights, so it is not an interested party in the auction procedure.

[Reference Provisions]

Article 30 of the Auction Act

Reference Cases

Supreme Court Order 7Ma1178 Dated December 27, 1967 74Ma402 Dated October 23, 1974

Re-appellant

Korea Passenger Transport Corporation and 1 other

The order of the court below

Incheon District Court Order 85Ra42 dated June 20, 1985

Text

All reappeals are dismissed.

Reasons

(1) According to the order of the court below, the provisional registration of transfer of ownership on the auction real estate held by the Re-Appellant is made more than the registration of establishment of mortgage in the name of the creditor of this case, and the provisional registration holder who did not make the principal registration is not an interested party entitled to dispute against the decision of permission of auction. The provisional registration has the effect of preserving the order of the registration to be made on the next day, and the third acquisitor who did not make the principal registration is not allowed to assert the acquisition of rights. Therefore, it cannot be viewed as an interested party in the auction procedure (refer to each decision of 67Ma1178 and 74Ma402 delivered on October 23, 197). Thus, the judgment of the court below is justified. Thus, the ground for reappeal based on the premise that the decision of permission of auction was illegal does not constitute a serious objection to the above original decision, and therefore, it is not justified.