[부동산경락허가결정에대한재항고][집15(3)민,445]
A person holding a provisional registration after the registration of establishment of a right to collateral security and interested parties under Article 30 (3) of the Auction Act;
A provisional registration authority is not an interested party under the Auction Act.
Article 30(3) of the Auction Act
Re-appellant
Seoul Civil District Court Decision 67Ra472 delivered on October 31, 1967
The reappeal is dismissed.
The grounds for reappeal are examined.
In order to preserve the right to claim transfer of ownership, the person other than the person who is the title holder of the provisional registration is not only the person who made the provisional registration after the establishment registration of the right to collateral security, which is the basis of the original auction, was completed, but also the principal registration has not yet been made. Thus, not only the person concerned as referred to in Article 30(3) of the Auction Act, but also the person concerned cannot raise an objection against the decision of approval of a successful bid based on the grounds for other interested parties' rights
Therefore, the reappeal is dismissed without merit. It is so decided as per Disposition by the assent of all participating judges.
Justices of the Supreme Court (Presiding Judge) Mag-kim Kim-bun and Magman