[부동산경락허가결정에대한재항고][집18(3)민,272]
Public notice of auction date, in which any entry of tax or other public imposts is omitted, shall not be required to be a legitimate public notice.
Public notice of auction date, in which any entry of tax or other public imposts is omitted, shall not be required to be a legitimate public notice.
Article 618 of the Civil Procedure Act
Re-appellant
Daegu District Court Order 70Ra88 dated September 9, 1970
The original decision shall be reversed and the first instance decision shall be revoked.
This case is rejected.
The judgment on the grounds of reappeal;
According to the records, it is evident that the public notice of auction date of this case does not include any tax or other public imposts in the public notice of auction date, so the public notice of auction date omitted can not be deemed a legitimate public notice meeting the requirements under Article 618 of the Civil Procedure Act, and therefore, it constitutes a ground for not allowing ex officio successful bid, which is not a legally stipulated public notice of auction date. Therefore, the argument on this point is reasonable.
Therefore, it is decided as per Disposition by the assent of all participating Justices.
[Judgment of the Supreme Court (Presiding Judge) Nabri-dong and Dobri-Jaking Hanwon