[부동산경락허가결정에대한재항고][공1981.4.1.(653),13676]
The case holding that there was an error of law that permitted a successful bid even though there was no notice of the minimum auction price with respect to the part of the site and the building.
Although it is unclear whether the auction price is limited to the building or the building site, which is the object of auction in the public notice of the auction date, and if there is no entry of the highest auction price in the auction protocol, it is unclear whether the auction price is limited to the building or the building site and the building site are combined, the auction court has also permitted the auction even to the site.
Articles 628 and 635 of the Civil Procedure Act
Re-appellant
Seoul Central District Court Order 80Ra244 dated October 31, 1980
I reverse the original decision.
The decision of approval of this case shall be cancelled and the adjudication shall be rejected.
The Re-Appellant's grounds of reappeal are examined (the grounds of reappeal as stated in the supplementary statement of grounds of reappeal are examined to the extent of supplement in case of the above reappeal). According to the reasons of the original decision, the court below maintained the above decision by the auction court of the first instance on the ground that the court did not have any illegality in the decision of permission for
However, according to the records, the court of first instance shall determine and publicly announce the auction date at KRW 39,496,597 in aggregate with the minimum auction price reduced for the main building site (ownership) and the building, which is real estate for auction purpose, at KRW 16,80,000,000,000,000,000 won and shall be reported to the creditors as to the whole of the real estate (site and building) at September 5, 199, as the creditors did not indicate it separately by omitting the minimum auction price in relation to the above part of the building, and the auction date shall be determined at KRW 50,000,000,000,000,000,000,000 won, without stating the highest auction price in the attached list, and it shall also be determined at KRW 500,000,000,000,000,000,000,000,000 won.
Under the above facts, the court below's decision that held that the above auction court's auction auction and held that the above auction court's auction against the above 50 million won is limited to the above building, or that it is not clear whether the above real estate is combined with the above main building site and the above main building, and that the first instance court's decision that held that the above auction court's auction against the above main building site and building was justified without examining and determining the above facts, and that the above first instance court's decision that held that the above auction court's auction against the above main building site and building was unlawful due to the lack of sufficient deliberation. Therefore, the second appeal's decision should not be dismissed because there is no decision on the remaining grounds for reappeal.
Therefore, the original decision is reversed and the decision of permission for the auction is revoked and the adjudication is rejected. It is so decided as per Disposition by the assent of all participating judges.
Justices Kim Hong-chul (Presiding Justice)