According to the records, the following facts are recognized.

A. The appellant is a financial institution authorized pursuant to Article 8(1) of the Banking Act, as the mortgagee, who registered the establishment of a new mortgage on the number of 107 U.S. Masan Masan apartment complexes located in the 107 U.S. Masan-si, Seocheon-si as the collateral secured by the obligor A.S. (hereinafter “A.M.”) and registered the establishment of a new mortgage on the 107 U.S. Masan Masan-si as the collateral.

B. As the appellant did not pay the debt of the loan to A.I.D., on December 10, 2004, the appellant notified each of the scheduled auction to B.I.D. (detailed address omitted), the address of Non-Party 1, the representative director of A.I.D. (detailed address omitted), and filed an application for voluntary auction of the above collateral real estate, including the instant real estate owned by A.I.D., the Daejeon District Court Decision 2004Mo26194, Dec. 29, 2004, Daejeon District Court Decision 2004Mo26194, supra.

C. On December 30, 2004, the execution court rendered a decision to commence the auction, and served on the non-party 1 (the representative director (the service place): non-party 1 (the owner of the debtor and the non-party 1) the debtor and the non-party 1 (the service place) on the same day, but the service was impossible (after the execution court ordered the appellant to correct his address, the court again served the decision to commence the auction on May 2, 2005 on the non-party 1 (the non-party 1's address omitted) and on September 23, 2005 on September 23, 2005, to the non-party 1's address.).

D. On the other hand, A.A. was dissolved under Article 520-2(1) of the Commercial Act at the time of the decision to commence the auction. On June 21, 2005, after the decision to continue the company, the decision was made to appoint Nonparty 2 as representative director at the same time, and the registration was made on June 23, 2005.

E. At an ongoing auction procedure thereafter, each highest bidder of the instant real estate, as stated in the separate sheet, but the executing court rendered a decision on November 22, 2005 that “In serving the original copy of the decision on commencing auction to A.A., who is the debtor and owner, the executing court shall serve the original copy of the decision on commencing auction to A.A., who is the representative director of the said corporation, on the ground that the former representative director, was erroneous in serving the original copy of the decision on commencing auction to Nonparty 1, who is the representative director,

2. Summary of and judgment on the grounds of appeal

A. The gist of the grounds for appeal by the appellant is as follows: in the case where the voluntary auction procedure of this case is acknowledged as special cases for the efficient disposal of non-performing assets, etc. of the financial institution and the establishment of Korea Asset Management Corporation under Article 45-2(1) and (2) of the Act on the Establishment of Korea Asset Management Corporation, the creditor sent a notice of scheduled auction execution prior to the application for auction under the above Act, and the court of execution also sent a notice of scheduled auction to the address entered in the registry book of the real estate at the time of the application for auction, and the lawful delivery

B. Relevant provisions

Act on the Efficient Disposal of Non-Performing Assets, etc. of Financial Institutions and the Establishment of Korea Asset Management Corporation

Article 2 (Definitions) The definitions of terms used in this Act shall be as follows:

1. The term "financial institution" means any of the following:

(a) Financial institutions which obtain authorization under Article 8 (1) of the Banking Act;

Article 45-2 (Special Cases concerning Notice of Auction or Delivery of Notice of Auction)

(1) In the auction proceedings (limited to the auction proceedings to enforce a security right) under the Civil Execution Act, of which proceedings are initiated by the court upon the request of the persons falling under any of the following subparagraphs, notice or service shall be deemed to have been served by the court upon the delivery of the address (if the address is different from that recorded on the resident registration card under the Resident Registration Act, including the latter, and if the address is reported to the court, referring to that recorded on the resident registration card; and if the address is reported to the court) recorded on the registry

2. Financial institutions under subparagraph 1 (a) through (g) of Article 2;

(2) With respect to the auction proceedings under paragraph (1), any person falling under any of the subparagraphs of paragraph (1) shall notify the relevant debtor and owner of the details of the scheduled auction to the address (including the address recorded on the resident registration card if it is different from the resident registration card under the Resident Registration Act; hereinafter the same shall apply) recorded in the registry book of real estate before applying for auction.

(c) Markets:

(1) Before filing an application for voluntary auction of this case, the appellant notified each of the scheduled auction to the real estate registration address (the same as the address on the corporate registry) and the address of Nonparty 1, who is the representative of the obligor and the owner of the Eul industry of this case. The voluntary auction of this case is subject to Article 45-2 of the Act on the Efficient Disposal of Non-Performing Assets, etc. of Financial Institutions and the Establishment of Korea Asset Management Corporation. Thus, on December 30, 2004, the decision to commence the auction of this case was delivered to Nonparty 1, who is the debtor and the owner of the Eul industry, to the non-party 1 (the service was delivered only by means of ordinary methods because there was a condition for the application for special exception of the service of this case, and even if the service was impossible by ordinary methods, it is not necessary to send them again).

(2) However, in the case of dispatch under the above special exception, notice or service shall be deemed to have been served when it was sent to an address (if it is different from an address entered in the resident registration card under the Resident Registration Act, including the address entered in the resident registration card, and if it was reported to the court, referring to that address) recorded in the registry book of the pertinent real estate at the time of the request for auction. In the case of a corporation, the address entered in the registry book (in the case of a corporation, the address entered in the resident registration card under the Resident Registration Act shall not be included in the resident registration card under the Resident Registration Act, and therefore, if the address entered in the registry book is different from that entered in the corporate registry book, it shall be reasonable to view that the above address entered in the resident registration book shall also be included in the corporate registry book.). In the procedure of voluntary auction of this case, the decision to commence voluntary auction of this case shall be legally served at the time of the request for auction by the court of execution to the debtor and the owner.

(3) Therefore, the first instance court's decision that the voluntary decision to commence the auction is unreasonable that the voluntary decision to commence the auction did not permit the sale for the reason that the debtor and the owner of the A.I.D. were not lawfully served.

3. Conclusion

Therefore, the appellant's argument is reasonable, and the decision of the first instance court is unfair with different conclusions, and it is so decided as per Disposition by cancelling it.

[Attachment]: omitted

Judges Yoon-gu (Presiding Judge) Magjin-si (Presiding Judge)