[부동산임의경매][공1990.7.1.(875),1228]
The method of disputing the successful bid price in a case where the successful bid price is unfairly granted according to the certificate of delivery of the successful bid price in the auction procedure of real estate.
The provisions of the Civil Procedure Act concerning the demand for distribution, confirmation of a distribution schedule, objection against a distribution schedule, etc. in the procedure for compulsory auction cannot be applied mutatis mutandis by nature to the procedure for voluntary auction. Thus, even if there is an objection to the entries in the list of the successful bid price issuance in the procedure for voluntary auction, the entries in the list of the successful bid price issuance shall not be allowed to raise an objection to the contents in the list of the successful bid price issuance or the procedure for the payment of the successful bid price which has already been completed, regardless of the filing of the lawsuit for the claim
Article 504 of the Civil Procedure Act, Article 34 of the Auction Act
Supreme Court Decision 75Da884 Decided December 30, 1975 (Gong1976,8896) 76Da863 Decided July 12, 1977 (Gong1977,10215) 78Da1689 Decided February 27, 1979 (Gong1979,11850) Decided September 11, 1989 (Gong1990,441)
Yellow Notes
Seoul District Court Order 88 Matagi8227 dated January 23, 1990
The special appeal is dismissed.
The provisions of the Civil Procedure Act concerning a demand for distribution in the procedure for compulsory auction or the confirmation of a distribution schedule and an objection to a distribution schedule cannot be applied mutatis mutandis by its nature to the procedure for compulsory auction. (See Supreme Court Order 74Ma314 Decided December 30, 1975; Supreme Court Decision 75Da884 Decided January 13, 1976; Supreme Court Decision 76Da863 Decided July 12, 197; Supreme Court Decision 78Da1689 Decided February 27, 197, etc.). Therefore, even if the auction court in the procedure for compulsory auction of real estate prepared a successful bid price list to pay or distribute the proceeds after deducting the expenses of the auction from the successful bid price paid in full pursuant to Article 34 of the Auction Act and to the person entitled to receive the balance, it cannot be deemed unlawful or unreasonable to apply for the delivery of the successful bid price list, apart from the legal effect of the delivery of the successful bid price list.
Therefore, this case's special appeal is dismissed to the purport that the special appellant who requested the delivery of the small amount lease deposit is seeking the cancellation of the order of the court below which completed the payment procedure for the successful bid price without accepting the application of the special appellant who requested the delivery of the small amount lease deposit,
Justices Lee Jae-sung (Presiding Justice)