[부동산경락허가결정에대한재항고][집18(1)민,051]
The building site and buildings thereon may be held by a blanket auction.
In case where a building has been constructed on a site and an application for auction has been filed en bloc, the site and the building are separate real estate on the register, and even if the amount of debts can be repaid with only one of them, it shall be treated separately, so if the owner becomes different, it shall be restricted in the mutual utilization relationship between the real estate, and the economic value of the real estate shall be reduced, so it is reasonable to have the same owner revert to the same auction.
Article 33 of the Auction Act, Article 636 of the Civil Procedure Act
Kim Jong-ju
Jeonju District Court Decision 69Ra86 delivered on December 3, 1969
The reappeal is dismissed.
Judgment on the grounds for reappeal
‘‘(B) In the case where a building is constructed on the site and an application for auction is filed collectively, the building site and the building are separate real estate on the register, and the amount of the claim can be repaid as a sale price for only one of them, if the owner is treated separately, it would be restricted in the mutual use relationship between the real estate and would reduce the economic value of the real estate. Therefore, in such a case, it is reasonable to hold a blanket auction to belong to the same owner. According to the records, the building site and the building at auction are clearly the building on the site at the same time with the same time, and it is clearly related to the building at the same time (number omitted) and the above (number omitted) to 15 square meters. Therefore, the court below's rejection of the argument that the blanket auction is unfair from the above point of view is justifiable, and it cannot be accepted.
Therefore, the reappeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices.
Supreme Court Judge Yang Byung-ho (Presiding Judge)