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(영문) 대법원 1971. 5. 31.자 71마384 결정

[부동산경락허가결정에대한재항고][집19(2),민094]

Main Issues

The debtor has no interest in appeal to the decision of rejection of successful bidding.

Summary of Judgment

The debtor does not have any interest in appeal against the ruling of non-permission for the competition.

[Reference Provisions]

Article 409 of the Civil Procedure Act

Re-appellant

Radge Company

The judgment of the court below and order

Seoul Central District Court Order 71Ra121 dated March 14, 1971

Text

The reappeal is dismissed.

Reasons

According to the records, the re-appellant filed a reappeal as to the Seoul Civil District Court Order 71Ra121 Order and 69Ra808-1 Order and the re-appeal as to the above order. Thus, the re-appellant's appeal against the above order and re-appeal against the above order are the same. According to the reasoning of Seoul Civil District Court Order 71Ra121 Order, the re-appellant's appeal against the auction court's decision of 68Ra1031 dated February 8, 1971, but it was ordered by the presiding judge to make a deposit under Article 5-2 of the Act on Special Measures for Loan to Financial Institutions, and Article 4 of the Enforcement Decree of the same Act of the court below's order to dismiss the appeal on the ground that the appeal is dismissed on the ground that the appeal is not dismissed, and there is no error of law by examining the records, and the re-appellant's rejection of the appeal as to the above decision of 69Ra8081 ruling of the court below's 1969.

Therefore, the reappeal is dismissed by the assent of all participating judges. It is so decided as per Disposition.

Judge Han-dong (Presiding Judge) of the Supreme Court