Main Issues

Effect of permission for auction price of 80,000 won for real estate which has been the minimum price of 80,400 won in the public notice of the date of auction

Summary of Decision

It is illegal to permit a successful bid of KRW 80,000 in the auction price of real estate marked as the lowest price of KRW 80,400 in the public notice of the auction order or auction date.

[Reference Provisions]

Article 633 of the Civil Procedure Act, Article 635(2) of the Civil Procedure Act, Article 33(2) of the Auction Act

Re-appellant

Re-appellant

Judgment of the lower court

Won District Court Decision 67Ra48 delivered on July 13, 1967

Text

I reverse the original decision.

Reasons

Although it is apparent that this case's real estate was indicated as 80,400 won at the highest price (42) as an order of appraisal by the auction court (the notice of the auction order or auction date) by Nonparty 1, who was issued an order of appraisal by the auction court, the auction court recognized Nonparty 2 who filed an application for the auction price of KRW 80,000 as the highest price auction on the date of the auction public notice, and the auction price of KRW 80,000 was permitted with the auction price of KRW 80,000, the auction price was determined as 80,000 as the highest price auction. However, it was not against Article 633 subparagraph 3 and Article 635 (2) of the Civil Procedure Act applied mutatis mutandis under Article 33 (2) of the Auction Act (the reappeal immediately filed an appeal against the decision of auction permission, and it is not necessary to continue the procedure. Thus, the court below's decision of rejection and dismissal of the appeal without any error under Article 34 (2) of the Civil Procedure Act should not be reversed.