In appraising the market price of the auction real estate, a joint auction where the first and second floors of this building and its appurtenant buildings and this building are separately assessed; and

In appraising the market price of the auction real estate, the main building and its affiliated buildings, and the second floor of the main building were separately assessed, and accordingly, even if the indication of the minimum auction price or the indication of the auction price in the decision of permission for auction in the public notice of the date of auction was separately separately made, it cannot be said that the procedure of the auction is against the legal principles of the Act on Real Rights concerning independent goods, non-independent goods, main goods, and accessory goods, so long as the auction price was not divided in accordance with the evaluation and the individual auction price was permitted.

Article 623 of the Civil Procedure Act

Re-appellant

Busan District Court Decision 66Ra314 delivered on May 15, 1967

The original decision is reversed, and

The case shall be remanded to Busan District Court Panel Division.

The grounds of reappeal of the re-appellant are examined.

According to the original decision, the court below ex officio examined the auction real estate. According to the records, the auction court held that (1) among the auction real estate, (2) 17 square meters and 17 square meters and 67 square meters and 2 (11 square meters and 19 square meters and 12 square meters and 5 square meters and 12 square meters and 92 square meters and 12 square meters and 22 square meters and 12 square meters and 12 square meters and 12 square meters and 2 stories in the above (1) building, the auction court held that (1) among the auction real estate, the auction court held that (1) 1 and 2 17 square meters and 17 square meters and 2 17 square meters and 2 17 square meters in 2 19 square meters in 19 square meters in 19 square meters in 19 square meters in 19 square meters in 19, and (2) the auction sale price in 2000 square meters in 200.

However, in appraising the market price of the real estate at the auction, the unit price of the building and its accessory buildings, and the first floor and the second floor of the building respectively was assessed, and accordingly, it was judged to be the minimum auction price in the public notice of the auction date, or the auction price in the decision to grant the auction, and even if the auction price was separately indicated in the decision to grant the auction, it is obvious by the records, as long as the auction price at the present auction was approved by dividing the real estate in accordance with the evaluation, and the auction price at the same time is not the individual auction, but the auction procedure at the present auction is not against the legal principles of the Real Rights Act as to the independent goods, non-independent goods, main goods, and accessory goods, etc., and it is erroneous for the court below to deem that the auction at the present auction and each real estate portion on which the price is indicated was individually auctioned, and the arguments are reasonable.

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

[Judgment of the Supreme Court (Presiding Judge) Mag-Jak Park Mag-gu