Main Issues
Whether the provisional disposition holder of the auction real estate becomes an interested party in the auction procedure.
Summary of Decision
The provisional disposition holder of the auction real estate shall not be the interested party under Article 607 of the Civil Procedure Act.
[Reference Provisions]
Article 607 of the Civil Procedure Act
Reference Cases
Supreme Court Order 68Ma137 Dated March 12, 1968 (Law No. 16175,8721 Dated May 13, 1968) 68Ma367 Dated May 13, 1968 (No. 16B civils) 75Ma377 Dated October 22, 1975 (Gong1975,8721)
Re-appellant
Appellant 1 et al.
The order of the court below
Jeju District Court Order 94Ra13 Dated July 8, 1994
Text
All reappeals are dismissed.
Reasons
The grounds of reappeal are examined.
1. As to the Re-Appellant 1
It is the established view of the party members that the provisional disposition authority on the auction real estate does not fall under the interested parties under Article 607 of the Civil Procedure Act (see Supreme Court Order 68Ma137, Mar. 12, 1968).
Therefore, the decision of the court below that dismissed the appeal of the same person is just and its opposing opinion, and the Re-Appellant's assertion against the order of the court below is without merit.
2. As to the Re-Appellant 2
The re-appellant 2 did not submit a written reason for re-appeal, and there is no indication that the re-appeal is a ground for re-appeal.
3. Therefore, the reappeal of this case is all dismissed, and it is so decided as per Disposition by the assent of all participating Justices.
Justices Kim Jong-soo (Presiding Justice)