Main Issues

Special appeal against the decision of approval of a successful bid and the decision of the appellate court (negative)

Summary of Judgment

A successful bidder may file an immediate appeal in accordance with the provisions of Article 33(2) of the Auction Act and Article 641 of the Civil Procedure Act with respect to a decision of permission for a successful bid in the voluntary auction procedure, and in case where the appellate court rejects the said immediate appeal on account of its illegality, a reappeal may be filed in accordance with the provisions of Article 412 of the same Act. As such, the said decision of permission for a successful bid or the decision of dismissal immediately made by the appellate court on the appeal does not constitute a decision that the immediate appeal cannot be filed, and thus,

[Reference Provisions]

Articles 420, 641, 412 of the Civil Procedure Act, Article 33 of the Auction Act

Special Appellants

Special Appellants

United States of America

Busan District Court Order 82Do13875 Dated September 7, 1983

Text

The special appeal shall be dismissed.

Reasons

On the other hand, a special appeal under Article 420 of the Civil Procedure Act may be filed only against a ruling or order in which an objection cannot be raised, and a successful bidder may file an immediate appeal against a ruling of permission of adjudication pursuant to Article 641(2) of the Civil Procedure Act applied mutatis mutandis under Article 33(2) of the Auction Act. In a case where an appellate court rejects the above immediate appeal on the other hand, a reappeal may be filed pursuant to Article 412 of the same Act. Thus, the above decision of permission of adjudication or a decision of rejection against an immediate appeal by the appellate court does not constitute a decision that cannot be raised, and thus, the decision of permission of adjudication or a decision of rejection against an immediate appeal by the appellate court cannot be subject to a special appeal. Thus, against the decision of permission of adjudication of adjudication of adjudication of this case, it is clear that the special appellant, who is the successful bidder, has rejected the above immediate appeal by the special appellant, and it is unlawful as it is subject to the record that the special appeal of this case is unlawful.