[부동산경락허가결정][공1986.2.1.(769),227]
Special appeal against the decision of approval of a successful bid (negative)
The special appeal stipulated in Article 420 of the Civil Procedure Act is that a person may file an appeal against a ruling or order which is not entitled to file an objection, and as a result, an immediate appeal may be filed pursuant to Article 641(1) of the Civil Procedure Act, which is applicable mutatis mutandis under Article 33(2) of the Auction Act, with respect to the ruling of permission of an adjudication, a special appeal may not be filed.
Article 420 of the Civil Procedure Act
Supreme Court Order 84g87 Dated December 27, 1984 85g143 Dated November 13, 1985
Special Appellants
Incheon District Court Order 85Mo2808 dated August 26, 1985
The special appeal shall be dismissed.
On the other hand, the special appeal stipulated in Article 420 of the Civil Procedure Act may be filed against a ruling or order that is not allowed to file an objection, and the decision of approval of a successful bid may be immediately filed pursuant to the provisions of Article 641 (1) of the Civil Procedure Act applied mutatis mutandis pursuant to Article 33 (2) of the Auction Act (However, in the auction procedure for overdue loans as in this case under the Act on Special Measures for overdue Loans by Financial Institutions, a person who intends to file an appeal shall deposit a security pursuant to Article 5-2 of the same Act). Thus, the special appeal of this case shall not be permitted because it is subject to a decision that is allowed to file an objection.
Therefore, the special appeal of this case is unlawful and dismissed, and it is so decided as per Disposition by the assent of all participating Justices.
Justices O Sung-sung(Presiding Justice)