[부동산경락허가][집14(2)민,036]
Whether or not the interested parties are notified of the auction date for compulsory auction
In a compulsory auction for immovables, this Article only provides that the date of auction and the date of auction shall be publicly announced, but there is no provision that the interested parties shall be notified of the date of auction as stipulated in Article 30 of the Auction Act (Abolition). Therefore, it is not mandatory to notify the interested parties of the date of auction for compulsory auction.
Articles 617 and 640 of the Civil Procedure Act, Article 30 of the Auction Act
Re-appellant
Daejeon District Court Order March 25, 1966, 65Ra126
The reappeal is dismissed.
As to the grounds for reappeals
Article 617 of the Civil Procedure Act only provides that the date of auction and the date of auction shall be announced to the interested parties, such as Article 30 of the Auction Act. Thus, the notification of the date of auction to the interested parties in compulsory auction is not compulsory. According to Articles 638 and 640 of the Civil Procedure Act, the decision of auction permission should be announced and the notification to the interested parties should be made on the bulletin board of the court. Thus, even if the auction court did not notify the debtor of the date of auction, it cannot be deemed unlawful, and it cannot be said that the Re-appellant did not attend the auction on August 5, 1965, and there is no notification of the date of auction, and it is not known that the above auction was made on the above date, and even if the auction was made on August 15, 1965, 198, the court below did not have any special reasons for calculating the period of auction permission from 15th, 1965.
Therefore, it is so decided as per Disposition with the assent of all participating judges.
The judge of the Supreme Court (Presiding Judge) of the Red Round (Presiding Judge)