[부동산경락허가결정에대한재항고][집17(2)민,265]
A. cite the reasons for the reappeal and other written entries
(b) Defects in notification of auction date to other interested parties and restrictions on raising objections;
(a) can not be considered as a ground to view the decision of approval of an auction on the ground of a defect in the notification of the date of auction to other interested parties;
Article 413(2) of the Civil Procedure Act; Article 33 of the Auction Act; Article 634 of the Civil Procedure Act
Re-appellant
Seoul Civil District Court Decision 69Ra466 delivered on June 12, 1969
The Re-Appellant's ground for reappeal is examined.
Inasmuch as the appellate brief does not necessarily mean that the entries in other documents that need to be submitted in writing directly stating the reasons therefor cannot be invoked, the re-appellant's use of the appellate brief submitted to the court below cannot be accepted as a legitimate ground of reappeal. In this case, in the auction procedure, the non-party 1, a judicial clerk, is involved in the auction applicant's representative (record 9), and even if there is errors such as family litigation on the land of the auction date for the non-party 2, an interested party, the re-appellant who is the owner, is related to the rights of other interested parties, and on the ground that it is illegal, there is no objection against the decision of permission of auction.
Justices Red Man-Man (Presiding Justice)