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(영문) 대법원 1979. 3. 20.자 79마79 결정

[부동산경락허가결정에대한재항고][공1979.7.1.(611),11895]

Main Issues

(a) In case of a compulsory auction, a copy of notification of the auction date to interested parties; and

B. Article 619(1) of the Civil Procedure Act provides that “The date of auction shall be fixed at least 14 days after the date of public notice”

Summary of Judgment

1. In case of a compulsory auction, in addition to the public announcement of the auction date, the interested parties shall not be required to make a notification of the date separately in addition to the announcement thereof; and

2. The date of auction shall be 14 days after the date of the public notice, including the 14th day after the date of the public notice.

[Reference Provisions]

Articles 618 and 619(1) of the Civil Procedure Act

Reference Cases

Supreme Court Order 67Ma1207 Decided July 5, 1968 68Ma685 Decided January 30, 1968

Re-appellant

Re-appellant

The order of the court below

Seoul Central District Court Order 78Ra217 Dated January 16, 1979

Text

The reappeal is dismissed.

Reasons

The Re-Appellant's ground for reappeal is examined.

In the compulsory auction, it is not necessary to notify the interested parties of the date of auction separately in addition to publicly announcing that the interested parties shall attend the auction on the date of auction (see Supreme Court Order 68Ma685, Jul. 5, 198). The auction date is not unlawful since the auction date is not conducted after setting the auction date after including the 14th day from the date of public notice (see Supreme Court Order 67Ma1207, Jan. 30, 1968). Thus, the judgment of the court below to the same purport is just, and there is no evidence to find that the indication of the real estate indicated in the public notice of auction does not coincide with the real estate. However, the judgment of the court below that the successful bidder of the real estate of this case is the self-employed farmer (record 78, confirmation source) who is able to acquire the farmland of this case, and there is no argument that it is inconsistent with the opinion and facts.

Therefore, the reappeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Presiding Justice (Presiding Justice)