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(영문) 대법원 1969. 2. 11.자 68마1697 결정

[부동산경락허가결정에대한재항고][집17(1)민,175]

Main Issues

The degree of reduction of the minimum auction price in the new auction procedure belongs to the discretion of the auction court.

Summary of Judgment

The degree of reduction of the minimum auction price in the new auction procedure belongs to the discretion of the auction court.

[Reference Provisions]

Article 631(1) of the Civil Procedure Act, Article 32 of the Auction Act

Re-appellant

Re-appellant

United States of America

Seoul Central District Court Order 68Ra934 dated November 27, 1968

Text

The reappeal is dismissed.

Reasons

The summary of the grounds for re-appeal is (1) that the decision to commence the auction of this case is not delivered to the re-appellant who is the debtor, and (2) the notification of the auction date is not made, and (3) that the auction court returned to the impossibility of auction because there is no person who has reported the auction on the auction date, there is an error of reduction of more than 30 percent of the minimum auction price, despite the fact that the decision to commence the auction and the notice of each auction date are served to the re-appellant lawfully, and the extent of the minimum auction price reduction conducted by the auction court when there is no report of auction price to be permitted on the auction date is clearly recorded in the record that the auction date and the notice of each auction date are served to the re-appellant, and the auction court has reduced the minimum auction price within 30

Therefore, it is decided as per Disposition by the assent of all participating Justices.

Judges of the Supreme Court (Presiding Judge) Do-dong Do-won Nababri