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(영문) 대법원 1973. 11. 14.자 73마859 결정

[부동산경락허가결정에대한재항고][공1973.12.15.(478),7620]

Summary of Judgment

Article 631 of the Civil Procedure Act, which applies mutatis mutandis under Article 32 of the Auction Act, provides that "The minimum auction price shall be reasonably reduced" means that the auction court has no fixed rate of free reduction within a reasonable, objective, reasonable and reasonable range, taking into account all the circumstances shown in the record according to its opinion.

Re-appellant

Re-appellant

United States of America

Seoul Central District Court Order 73Ra492 Dated August 22, 1973

Text

The reappeal is dismissed.

Reasons

The grounds of reappeal are examined.

1. Article 631 of the Civil Procedure Act, which applies mutatis mutandis under Article 32 of the Auction Act, provides that "the minimum auction price shall be reasonably reduced" means that the auction court reduces free to a reasonable and objective range within a reasonable and objective reasonable and reasonable range, taking into account all the circumstances shown in the record according to its opinion, and therefore, the auction court in this case shall not be deemed to be an unlawful act by reducing 20% of the auction court.

2. In light of the public notice of the date of auction or entry of the list of real estate attached to the decision of permission of auction, the so-called extension portion can be seen as an independent building or an accessory attached to a house, so there is no error in this regard.

Therefore, this reappeal is dismissed as without merit, and it is so decided as per Disposition by the assent of all participating Justices.

Justices Kim Young-chul (Presiding Justice)