[부동산경락허가결정에대한재항고][집12(1)민,022]
In the case where the inheritor has filed an appeal under the name of the owner of the property which already died on the decision of permission for the successful bid, the case where the appellant dismissed the appeal under the name of the owner of the property on which the appeal was filed without examining whether or not the error of indication in the petition of appeal is written
In the event that the owner of an adjudication real estate has already died, if the inheritor has filed an appeal against the decision of permission of the adjudication in the name of the deceased person, the appellate court should state the indication of the appellant and deal with it as a legitimate appeal by clarifying this point as the appellate court.
Article 126 of the Civil Procedure Act, Article 641(1) of the Civil Procedure Act
Appellant 1 and 8 others
Jeonju District Court Decision 63Ra7 delivered on August 22, 1963
The order of the court below is reversed and the case is remanded to the Jeonju District Court.
According to Article 641 (1) of the Civil Procedure Act, an interested party may make an immediate appeal against the decision of permission of adjudication in case of damages to the parties concerned. Thus, all of the re-appellants have interests in immediately making an appeal against the decision of permission of adjudication in the case as determined by the court below as the property heir of Non-Appellant 1 who died on May 7, 1962 and Non-Appellant 2 (owner of this case's real estate) who died on November 25, 1962 as the property heir of this case(the owner of this case's real estate).
The appeal of this case was filed on January 21, 1963. The appellant is the former owner of the real estate at issue and the former owner of the real estate at issue, and the appeal was filed in the name of 2 and 1 other than the appeal that had already been dead at that time. Thus, the appeal was dismissed and the decision was not rendered on the merits. However, as seen above, even if the deceased's property heir (the heir of the deceased's property), if the deceased's property heir (the re-appellant) had already been filed even if the deceased's property heir was in the name of the deceased, the court below should find out this fact as a fact-finding court and find it in detail, and then, the court below should have dismissed the appeal without deliberation by the court below, which should have been dealt with as a juristic person's appeal without deliberation by the court below.
Therefore, the original decision shall be reversed and the case shall be remanded to the Jeonju District Court. It is so decided as per Disposition by the assent of all participating Justices.
The judge of the Supreme Court (Presiding Judge) of the Republic of Korea shall have the authority to transfer a red net holiday.