A clerical interpretation of Article 633 subparag. 1 of the Civil Lawsuit, which does not allow a successful bid, is an example.

In the case of subparagraph 1 of this Article, the auction real estate shall be limited to the case where it is impossible to transfer the real estate at auction or where the auction procedure is suspended, and this "the auction real estate shall not be transferred" means the real estate which is the object of auction, which is the object of auction, is legally prohibited from transfer or prohibited from seizure, and it shall not include the case where the object of auction is the ownership of the mortgagee on the registry

Article 633 of the Civil Act, Paragraph 2 of Article 635 of the Civil Act

Re-appellant

Seoul Civil District Court Decision 64Ra1022 delivered on March 26, 1965

On November 17, 1964, non-party 1 filed an appeal on the decision of approval of the auction price for the real estate in this case on the ground that the auction price is unreasonable. The court below did not decide on this issue. However, since the real estate in this case was repaid as farmland by non-party 2, who is the mortgage holder, but the distribution was cancelled by the procedure of August 25, 1960, it cannot be said that he acquired the ownership of the real estate in this case. Accordingly, the court's decision of approval of the auction is revoked and the bid is not permitted. However, the above reasons are not alleged by the appellant. Thus, the court below did not consider that it constitutes a case falling under Article 635 (2) 1 of the Civil Procedure Act, and that it is not a case where the court below did not ex officio permit the auction of the real estate in this case, or where it did not have any error of law as to the sale of the real estate in this case under Article 633 (1) 1 of the Civil Procedure Act.

Justices Lee Young-su (Presiding Justice)