[부동산경락허가결정에대한재항고][집8민,186]
(a) Effect of appraisal of auction real estate with legal filing;
(b) Notice of the date of auction and the date of auction in writing;
A. Even though a person is in the position of a legal officer, if the auction court recognizes his ability to appraise the auction real estate and orders the person to appraise the auction real estate, the appraised value should be the legitimate lowest price unless there are special circumstances.
B. In the auction of real estate, the notification of the date of auction to the debtor and the owner and the notification of the date of auction are not stipulated by each notification of the date of auction. Thus, the notification of the date of auction and the date of auction were made by the same document, and it cannot be said that the notification of the date of auction was illegal.
Articles 615 and 617 of the Civil Procedure Act
The number of authorized scrap metal
Daegu High Court Decision 60Do81 delivered on November 2, 1960, decided November 2, 1960
Even if a person is in the position of court clerk, if the auction court recognizes the ability to appraise the auction real estate and orders the reporter to appraise the auction real estate, barring any special circumstance, it shall be a legitimate minimum price. The theory of lawsuit on the price appraisal of the auction real estate is that the non-party is the person who is in the position of court clerk without any assertion or proof as to special circumstances that recognize the appraisal illegal, and it is not reasonable to discuss that the non-party is the person who is in the position of court clerk. In addition, in the auction of real estate, the notification of the auction date and the notification of the auction date to the debtor and the owner is not a legal court. Therefore, the notification of the auction date and the auction date for the re-appellant cannot be called an illegal notification of the difference because the notification of the auction date and the auction date were made in the same document.
Justices Byunok-ju (Presiding Justice)