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(영문) 대법원 1968. 2. 6.자 67마1280 제1부결정

[부동산경락허가결정에대한재항고][집16(1)민,080]

Main Issues

The relationship between the reduction of minimum auction price by evaluation of persons other than financial institutions as defined in Article 4 of the Act on Special Measures for Loans in Arrears by Financial Institutions and Article 4 of the Act on Special Cases

Summary of Judgment

Even if errors are found in the evaluation agency on the objects of auction, if the amount of price reduced by lawful reduction procedures is more than the reduced price, the result of the decision on permission for abortion shall not be affected.

[Reference Provisions]

Article 4 of the Act on Special Measures for Delayed Loans by Financial Institutions

Reference Cases

January 25, 1968 Order 67Ma1275

Re-appellant

Re-appellant

United States of America

Seoul Civil District Court Decision 67Ra677 delivered on November 30, 1967

Text

The reappeal is dismissed.

Reasons

As to the grounds for reappeals

According to the records, since the auction was conducted after the lapse of the statutory period after the public notice of the auction date, the judgment of the court below is just, and according to the records of the case, the auction court shall evaluate the object of the gold set at the court salper, conduct the auction at the minimum auction price, but the appraised price at the auction price was not possible due to the relationship without the new bidder, and the auction was conducted at the auction price, and the reduced price was reduced. Thus, even if it is assumed that there was a error in the appraisal agency for the object of domestic affairs, the result of the decision of the auction is not affected in the above case of the above decision of the auction, and the judgment of the court below is not justified.

Therefore, it is so decided as per Disposition with the assent of all participating judges.

Supreme Court Judge Lee Young-su (Presiding Judge) (Presiding Judge) and Lee Dong-dong Gyeong-dong