[부동산경락][집12(2)민,151]
Whether a legitimate public notice meeting the requirements of Article 618 of the Civil Procedure Act can be made where there is a substantial difference between the actual building reputation and the public notice on the date of auction.
For the purpose of public announcement of the auction date to indicate the number, category, and number in the public record on the auction date the real estate is to realize the objective actual price of the object of auction and the specified number of the object of auction. Therefore, in the public announcement, the ordinary number of real estate indications is to indicate the actual number and the difference between the average number on the registry publicly notified and the actual number is obvious, so it is difficult to recognize the specific category of the object, and if it is recognized that there is a significant impact on the minimum auction price stated in the public notice, such public notice shall not be deemed to be a legitimate public notice as prescribed in this Article.
Articles 31 and 618 of the Auction Act
Park Chuncheon
Jeonju District Court Decision 64Ra1 delivered on May 28, 1964
I reverse the original decision.
this case is remanded to the Jeonju District Court Panel Division.
2) On the grounds of appeal No. 1
According to Article 29 of the Auction Act, the auction court stipulated that the appraisal value shall be the minimum auction price as the appraised value of the real estate to be sold by an appraiser. According to Article 31 of the Auction Act Article 61 of the Civil Procedure Act Article 618 of the Auction Act Article 61 of the same Act, if there is any indication of real estate taxes or other public imposts and any lease, the amount of the rent and the minimum auction price shall be publicly announced when the advance payment of the rent or the deposit is made for the lease period. The above legislative intent is to clarify the specific subject of the auction and the degree of the burden of the real estate price is to be borne by the public, so the owner of the materials shall be the owner of the real estate, and in the indication of real estate, to indicate the parcel number classification of the public registers in the notice of the auction date is to realize the objective actual price of the object of the auction and the specific subject of the auction, so it is difficult to recognize the specific subject matter because there is a substantial difference between the ordinary number of the subject matter and that of the public notice of registry.
According to the records in this case, among the above requests for auction, it is hard to see that the above 5-10,000 won is the same as the above 5-1,00 won in the public notice of the auction date, and the above 122,00 won is the minimum auction price as the above 122-2,00 won in the public notice of the auction date, and the above 10-1,000 won is the result of the appraisal of the above 12-1,00 in the public notice of the auction date because it is hard to find that the above 10-1,000 won is the above 5-7,00 building with the above 10-7,000 1,000 1,000 5,000 1,000 , 6,000 , 1,000 ,000 ,00 ,00 ,01,00 ,01.
The judge of the Supreme Court (Presiding Judge) of the Red Round (Presiding Judge)