In the public notice of the auction date, if there is no public notice of taxes or other public imposts, it shall be unlawful against the owner or debtor regardless of the benefit.

In the public notice of the auction date, if there is no public notice of tax or other public imposts, it is unlawful against the owner or debtor regardless of whether it is an interest.

Article 31 of the Auction Act, Article 618 of the Civil Procedure Act

Re-appellant

Gwangju District Court Decision 70Ra52 delivered on April 8, 1971

According to the original decision, the court below ruled ex officio as follows.

In other words, according to the official document attached to the creditor's application for auction, the amount of tax for one year among the real estate is stated as 78 won, and the official document and the price for the building among the real estate sold at auction was investigated and reported as 2,419 won under the order of the auction court. When the auction court publicly announced the auction date, the land is consistently stated as non-taxation, and the auction court announced the auction date as of September 18, 1970, it can be known that the auction procedure was in progress without omitting the entry of the public charge on the building. Thus, the above public notice is illegal in violation of Article 31 of the Auction Act of Article 618 of the Civil Procedure Act, but the purport of the law that the public charge on the object of auction should be announced at the time of auction procedure is merely to make it convenient for the creditor to determine the auction price by informing the auction party of the lack of the public charge, and thus, it does not cause any damage to the debtor and owner.

However, according to Article 31 of the Auction Act and Article 618 subparagraph 2 of the Civil Procedure Act, the notice of auction date stipulated that the public notice of auction date shall be made by stating taxes and other public imposts, and Article 33(2) of the Auction Act and Articles 642, 633, and 635 of the Civil Procedure Act shall be the ground for appeal against the decision of auction when there is no public notice of the above taxes and other public imposts in the public notice of auction date. In addition, in the public notice of auction date, in the absence of such public notice, the court shall ex officio, and in the absence of such public notice, even if there is no public notice, even if there is no public notice of taxes and other public imposts, it shall not be illegal in the public notice of auction date regardless of its owner or debtor's interests, but the court below shall dismiss the original decision and shall revoke the decision of auction permission which has been maintained by the court below.

Justices Lee Young-op (Presiding Justice)