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(영문) 대법원 1962. 2. 6. 선고 4294민재항315 판결
[부동산경매개시결정에대한이의][집10(1)민,076]
Main Issues

Appeal or objection to a decision of approval of a successful bid after the auction procedure is completed;

Summary of Judgment

Even in cases where a reappeal is filed by filing a final appeal against a ruling of permission to commence an auction, but a subsequent appeal against a ruling of permission to commence an auction cannot be filed after the decision of permission to commence an auction has become final and conclusive, as long as the reappeal is dismissed and the decision of permission to commence an auction becomes final and conclusive, it is not necessary to re-enter the procedure for payment of auction proceeds even if the proceeds have been delivered to the successful bidder before the final and conclusive

[Reference Provisions]

Articles 633 and 641 of the Civil Procedure Act

Re-Appellant, debtor-appellant

Kim Jong-Un

The court below

Seoul High Court Decision 60Ra521 delivered on May 29, 1961

Text

The reappeal is dismissed.

Reasons

The reasons for the reappeal are as follows. The reasons for the reappeal are as follows.

In light of the records, on March 28, 1959, the decision of approval of auction was made to the successful bidder on March 28, 1959, and the re-appellant Kim Jong-Un filed an appeal against the decision of permission of auction on the 31st of the same month, the court of execution 9.9 of the same year was decided to dismiss the appeal and publicly announce the above decision to the applicant on October 22 of the same year and entrusted the successful bidder with the payment of the price to the successful bidder on February 15, 1960 after the decision of permission of auction became final and conclusive without appeal. At the same time, the Supreme Court accepted the application of the subsequent completion, but the applicant filed a reappeal against the decision of rejection at the same time with the Supreme Court, and delivered it to the applicant on September 10 of the same year, and thus, it cannot be asserted that the decision of approval of auction becomes final and conclusive after the decision of approval of auction becomes final and conclusive, as long as the court's decision of approval of auction becomes final and conclusive after the final and conclusive.

The decision of the court below which dismissed an appeal under the above explanation is justifiable, and it is so decided as per Disposition by the assent of all participating Justices on the bench since the reappeal is without merit.

The two judges of the Supreme Court (Presiding Judge) Ma-won Na-won

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