[부동산경락허가결정에대한재항고][집28(3)민,82;공1980.11.1.(643),13171]
Reporting of rights by interested parties and notification of auction dates;
Even if an interested party reported a right before the auction date, if the auction court has already completed the procedure of public announcement of the auction date and notification to the interested party, it is not erroneous because the auction court did not notify the interested party of the auction date.
Article 607 of the Civil Procedure Act, Article 9 of the Auction Act
Re-appellant
Daejeon District Court Order 80Ra91 dated August 5, 1980
The reappeal is dismissed.
The grounds for reappeal are examined.
In this case where it is not possible to find that there was an error in the appraisal and appraisal procedure of the real estate, even if the record was prepared, the reason that the successful bid price of the real estate in this case is lower than the market price is not against the public order and good morals under social norms, such as the theory of lawsuit. Even in the case of interested parties who transferred the right before the auction date, it was after the public notice of the auction date and the notice of the auction date to interested parties. Therefore, the auction court's failure to notify the auction date, and thus, it cannot be deemed unlawful. Therefore, all arguments are without merit.
Therefore, the reappeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices.
Justices Han-jin (Presiding Justice)