In a voluntary auction, the debtor may bring an action of demurrer against the obligation by applying mutatis mutandis Article 505 of the Civil Procedure Act, and in this case Article 507 of the same Act shall apply mutatis mutandis. However, even if the mortgaged obligation is part of it

There is no objection to the remainder.

In the case of voluntary auction, the debtor may bring an action of demurrer against the obligation by applying this article mutatis mutandis, and in this case Article 507 of this Act shall apply mutatis mutandis. However, even if part of the mortgaged obligation is remaining, there is no ground for objection.

Article 505 of the Civil Code, Article 507 of the Civil Code, Article 28 of the Auction Act

Kim Yong-science

Daejeon District Court Decision 69Ka1157 delivered on November 30, 1969

The original decision shall be revoked.

An applicant shall be dismissed of an application for an order to suspend the auction.

The reason for the special appellant's attorney-at-law's U.S. and the special appeal for the new consent is considered.

In case of an auction under the Auction Act, the debtor shall apply mutatis mutandis Article 505 of the Civil Procedure Act to raise an objection to the obligation.

According to the records, the appellant is entitled to bring an action of auction, and Article 507 of the same Act shall apply mutatis mutandis to this case. In this case, the appellant has filed a lawsuit of auction with the special appellant, and the special appellant filed a lawsuit of auction, and failed at the first instance court, filed a petition of appeal, and filed a petition of appeal to the court below for the suspension of the auction procedure until the appellate court rendered a judgment on the above claim, and it is evident that the court below decided to suspend the auction procedure with the provision of security of KRW 50,000 by applying mutatis mutandis Article 507 (2) of the same Act. Thus, according to the records, it is obvious that the appellant other than the appellant does not have an obligation of KRW 5,00,000 which is indicated as the amount of the claim when the special appellant files an application of auction at will, and the obligation of mortgage is merely an interest of KRW 547,210 and KRW 50,000 which is merely an interest of KRW 50,000 from August 222, 196.

Justices of the Supreme Court (Presiding Judge) Park Jae-dong (Presiding Judge)