Special appeal against the decision on the date of payment of the successful bid price or the decision on the revocation of the date in the auction procedure for the real estate (negative)

A person who has an objection to such a decision may file an objection with the Supreme Court regarding the method of execution pursuant to Article 504 of the Civil Procedure Act, which applies mutatis mutandis to the procedure of voluntary auction pursuant to Article 1(2) of the Auction Act, as a matter of the method of execution, such as setting the date of payment of the successful bid price or cancelling the designated date in the procedure of the voluntary auction of real estate, and thus, a person who has an objection to such decision may file an objection

Article 1(2) of the Auction Act, Articles 504 and 420 of the Civil Procedure Act

Supreme Court Order 73Ma710 Dated July 29, 1974

[Plaintiff-Appellant] Jin-style and six Special Appellants, Counsel for plaintiff-appellant-appellant-appellant-appellant-appellant-appellee

Seoul Central District Court Order 88 Matagi3247 Decided December 27, 1989

All special appeals shall be dismissed.

According to the records, on July 25, 198, the court below ordered the permission of auction to the special appellant on July 25, 198, and on December 1, 1989, the date of payment of auction price was set at 10:00 after the decision became final and conclusive, but on December 12, 198, the date was changed to 12.28:00. However, on December 27, 198, the court below filed a lawsuit claiming that the owner of the auction real estate fully repaid the secured debt of the right to collateral security, which was the cause of auction, to implement the procedure of registration of cancellation of registration of establishment of the right to collateral security, and submitted the original copy of the decision to the court below on July 11, 1989 upon receiving the order of suspension of the auction procedure from the court of the lawsuit, and thus, revoked the designation of the special auction price payment date with the special auction price changed to 10:00 on December 28, 1989.

First of all, as a special appeal can be made to the Supreme Court only with respect to a decision or order which is not entitled to file an objection (Article 420 of the Civil Procedure Act). Thus, with respect to an order for which a separate method of filing an objection is established, a special appeal cannot be made to the Supreme Court. As such, in the auction procedure for real estate auction, matters pertaining to the method of execution such as the designation by the court of auction or the cancellation of the designated date. A person who has an objection to such a decision may file an objection by means of objection pursuant to Article 504 of the Civil Procedure Act, which applies mutatis mutandis to the auction procedure under Article 1(2) of the Auction Act (see, e.g., Supreme Court Order 73Ma710, Jul. 29, 1974). Thus, it is evident that the above decision cannot be made to the Supreme Court.

Therefore, since the special appeal of this case is obviously unlawful, it is not possible to dismiss the special appeal without any need to determine whether the decision of the court below on the revocation of the designation of the payment date of the successful bid price is unlawful, and it is so decided as per Disposition by the assent of all participating judges.

Justices Lee Jae-sung (Presiding Justice)