[낙찰불허가][공1999.11.1.(93),2154]
Requirements to include buildings not listed in the register in bidding items.
If there is a building not listed in the register, the owner shall not apply for a lump sum auction with the registration of preservation by subrogation of the applicant for auction because it is proved that the building is owned by the owner, nor shall it be included in the bid object unless it is an accessory to the real estate subject to auction or it is evident that it is an accessory.
Article 358 of the Civil Act, Articles 617-2 and 618 of the Civil Procedure Act
Supreme Court Order 86Ma295 dated May 23, 1986 (Gong1986, 867)
Korea Mutual Savings Bank
Ulsan District Court Order 98Ra513 dated January 7, 1999
The reappeal is dismissed.
The grounds of reappeal are examined.
The court below acknowledged that the Re-Appellant's building subject to auction based on the Re-Appellant's right to collateral security was constructed ( Address omitted) 1, 82.53m2, 2, 82.53m2, 2, 39m2, and 139m2 and (B) the building's 2nd floor among the buildings is destroyed, and the building's 139.59m2 and 2nd floor among the buildings was destroyed, and the above ( Address omitted)'s 188m2, 188.1m2 and 35.5m2 of the 2nd roof's 2nd roof's 2nd 2nd 2nd 2nd 2nd 2nd 2nd 2nd 2nd 2nd 2nd 2nd 2nd 2nd 2nd 2nd 2nd 2nd 2nd 2nd 2nd 30th 2nd 2nd 2nd 2nd 2nd 2nd 2nd 2nd 2nd 2nd 3.
In light of the records and relevant laws, such judgment of the court below is just and it is not erroneous as otherwise alleged in the grounds for reappeal.
Therefore, the reappeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.
Justices Lee Yong-hun (Presiding Justice)