[손해배상][집18(2)민,172]
If a successful bidder acquires ownership from a successful bidder due to the disposition of the public auction, but the disposition of the public auction is revoked due to procedural defects caused by negligence in the duties of the public official in charge of the public auction thereafter, and thus loss of ownership is lost, there is no causal relationship between the illegal act of the public official in charge of the public auction and the loss, and the loss amount shall be calculated based on the market
If the ownership is lost due to the cancellation of the public auction disposition due to the procedural defect caused by the negligence of the public official in charge of the public auction after acquiring the ownership from the auction due to the public auction disposition, there is a substantial causal relationship between the illegal act of the public official in charge of the public auction and the loss caused by the loss of ownership, and the amount of damages shall be calculated on the basis of the market price at the
Article 763 of the Civil Act, Article 393 of the Civil Act, Article 750 of the Civil Act
Persons accommodated in Gangwon-do
Korea
Seoul Civil Area and Seoul High Court Decision 69Na345 delivered on March 4, 1970
The appeal is dismissed.
The costs of appeal are assessed against the defendant.
As to the grounds of appeal by the defendant performer
According to the judgment of the court below, the court below recognized the following facts. In other words, since the head of the tax office (name omitted) on Sep. 12, 1957 imposed the inheritance tax amount of 117,200 won (the current currency; hereinafter the same shall apply) on the non-party 1, and paid the amount of 11,720 won, and the tax amount of 3,242 won (the present currency) was collected until June 22, 1964, the head of the tax office did not collect the above tax amount from non-party 1, and the above disposition of the non-party 6 to the non-party 1, as the result of the above disposition of the non-party 6's attachment on the list of the original judgment on Dec. 30, 1957, the disposition of the non-party 2, as the above disposition of the non-party 1, as the result of the public auction on the ground that the above disposition of the non-party 1, 1964, was legitimate.
Therefore, it is so decided as per Disposition with the assent of all participating judges.
The judges of the Supreme Court (Presiding Judge)