[부동산경락허가][집17(4)민,123]
In the public notice of the date of auction, it is erroneous that the building and the site without any description of taxes or other public imposts are auctioned collectively.
Public notice of the auction date without stating taxes and other public imposts on the auction real estate shall not be exempted from being illegal unless there are special circumstances.
Article 618 of the Civil Procedure Act
Notice 67Ma148 dated March 29, 1967
Labor Month;
Seoul Civil History District Court Decision 69Ra658 delivered on August 19, 1969
The original decision is reversed, and the case is remanded to the Panel Division of the Seoul Civil Procedure District Court.
As to the grounds for reappeal by the re-appellant:
According to the records of the case (No. 78. 79 of the records), with respect to 20-3 Hobbbe, which is the object of the auction of this case, it cannot be recognized that the public notice of auction date, such as the theory of the lawsuit, contains any tax or other public imposts. Thus, it cannot be viewed as being recorded in the requirements under Article 618 of the Civil Procedure Act. Thus, the re-appeal of this case’s site and its ground buildings en bloc cannot be viewed as being illegal unless there are special circumstances (No. 67Ma148 of March 29, 1967) and the original decision cannot be reversed.
Therefore, it is so decided as per Disposition by the assent of all participating judges pursuant to Articles 413(2) and 406 of the Civil Procedure Act.
The two judges of the Supreme Court (Presiding Judge) the Red Net Sheet