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(영문) 대법원 1979. 8. 14.자 79마158 결정

[선박경락허가결정에대한재항고][집27(2)민,261;공1979.11.1.(619),12186]

Main Issues

The validity of the public notice of the date of auction where the public notice of the date of auction is indicated as not a prize;

Summary of Judgment

In the matters of public notice of the date of auction, taxes and other public departments are required to indicate the result of the highest notice to the public office in charge and other investigations. Therefore, if it is impossible to identify it by the highest notice or other investigations, it shall not be deemed unlawful even if it is indicated as the fine for negligence.

[Reference Provisions]

Article 618 of the Civil Procedure Act

Re-appellant

Korea Marine Tourism Development Corporation

United States of America

Busan District Court Order 79Ra66 Dated April 25, 1979

Text

The reappeal is dismissed.

Reasons

With respect to the public notice of the auction date, if it is not known by the highest result and other investigations of the public office in charge of it, it shall be indicated by the highest result and other investigations, and if it is not known by the highest and other investigations, it shall not be deemed unlawful.

Furthermore, since the successful bidder is participating in auction after inspecting the public notice of the auction date indicated above and participating in the auction, the re-appellant who won the ship at issue at issue at issue at issue at issue at issue at issue at issue at the public notice of the auction date shall not be deemed a ground for re-appeal against the decision of auction permission on the ground that the re-appellant has indicated that it is nothing

Therefore, the reappeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Yang Byung-ho (Presiding Justice)

심급 사건
-부산지방법원 1979.4.25.자 79라66
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