[경매절차정기가처분결정에대한특별항고][집19(3)민,118]
Even if a lawsuit is not brought to dispute the existence of the secured claim, the auction procedure may not be suspended by the general provisional disposition procedure.
Even if a lawsuit is not brought to dispute the existence of the secured claim, the auction procedure may not be suspended by the general provisional disposition procedure.
Article 28 of the Auction Act, Articles 484 and 507 of the Civil Procedure Act (Article 505) 714
2.3.2 Notice, 69g23
March 16, 1971 No. 70724
Korea Industrial Corporation
Gongju Support 71Kak95 decided September 6, 1971
The original decision shall be reversed, and this case shall be remanded to the Daejeon District Court Gongju branch.
the special appeal of the Attorney of the Special Appellant,
According to the records of the above provisional disposition, the applicant for the above provisional disposition (hereinafter referred to as the "applicant") shall produce tiny by active mining rights. According to the above 7-mentioned provisional disposition order, the applicant shall not have any objection to the auction proceedings under the Civil Procedure Act, and the court shall not have any objection to the auction proceedings for the purpose of returning the whole products of the applicant company under the name of the appellant, and shall not have any objection to the auction proceedings under the above 7-mentioned provisional order to suspend the auction proceedings. The court shall not have any objection to the auction proceedings under the Civil Procedure Act which shall have no effect on the cancellation of the above contract, and shall not have any effect on the 9-mentioned provisional disposition order to suspend the auction proceedings. The court shall have no effect on the 17-mentioned provisional disposition order to suspend the auction proceedings, and the court shall not have any effect on the 17-mentioned provisional order to suspend the auction proceedings, and the court shall have no effect on the 19-mentioned provisional order to suspend the auction proceedings, and shall not have any objection to the 17-mentioned auction auction proceedings.
Therefore, it is decided as per Disposition by the assent of all participating Justices.
The presiding judge of the Supreme Court (Presiding Judge)