[부동산경락허가결정에대한재항고][집17(3)민,173]
The delivery of mail under Article 173 of the Civil Procedure Act shall be limited to cases where it is impossible to serve by custody.
The postal service in this section may be carried out only when it is impossible to serve by custody.
Article 173 of the Civil Procedure Act
Appellant 1 et al.
Jeju District Court Decision 69Ra5 delivered on June 17, 1969
The order of the court below is reversed.
The decision of approval of the successful bid of this case (the 2.5. 22. 1969, the 68l13.) is revoked.
The grounds for re-appeal by the re-appellant's agent are the first point.
According to Articles 265 and 266 of the record, the auction court of this case is a method of delivering the notice of the auction date of 10:00 on May 20, 1969 to the re-appellant by means of registered mail. However, in order to serve a postal service pursuant to Article 173 of the Civil Procedure Act, it is limited to the case where delivery on the premise is impossible. According to the records, the auction of this case does not seem to be a trace of following the procedure, which is a premise. Thus, the auction of this case will proceed with the auction procedure without notifying the re-appellant. Accordingly, the court below's order will be reversed after cancelling a decision on whether to discuss other appeals. This case is reasonable to directly judge a member of this case. Accordingly, the decision of the auction of this case (the decision of May 22, 1969, the June 68ta13, etc.) is revoked. This decision is consistent with the opinion of the judges involved in this decision.
The presiding judge of the Supreme Court (Presiding Judge)