[낙찰허가결정][공1994.9.1.(975),2225]
Handling of dissatisfactions submitted under title "Objections against Adjudications"
Since only an immediate appeal is recognized and the method of raising an objection is not allowed, it is reasonable to regard the appeal as an immediate appeal.
Article 642(2) of the Civil Procedure Act
Supreme Court Order 72Ma763 dated August 23, 1972
Gangwon Water & Industrial Company
Changwon District Court Order 93 Maz. 10070 dated May 3, 1994
The reappeal is dismissed.
As to the ground of reappeal
The method of appeal as to the decision of permission of a successful bid is not allowed because only an immediate appeal is recognized and the method of objection is not allowed, so the objection submitted under the title of the objection is reasonable to be treated as an immediate appeal (see, e.g., Supreme Court Order 72Ma763, Aug. 23, 1972). Accordingly, the court below's decision that "an objection as to the permission of real estate auction" as of May 2, 1994 is legitimate. Furthermore, the argument of the lawsuit is legitimate in the judgment of the court below which dismissed the appeal in accordance with Paragraph 5 of Article 642 of the Civil Procedure Act on the ground that the re-appellant did not attach documents evidencing that the deposit was made under Paragraph 4 of the Civil Procedure Act when the appeal is filed by the re-appellant, and therefore, it
Therefore, the reappeal is dismissed, and it is so decided as per Disposition by the assent of all participating Justices.
Justices Kim Jong-sik (Presiding Justice)