Whether the principle of public order and good morals applies to the auction procedure

The principle of public order and good morals can not be applied to the auction procedure that regulates private autonomy.

Article 103 of the Civil Act

Re-appellant

Cheongju District Court Order 79Ra15 dated December 7, 1979

The reappeal is dismissed.

The grounds of reappeal are examined.

In light of the records, the court below is just in holding that the principle of public order and good morals cannot be applied to the auction procedure that regulates private autonomy, and that the price evaluation procedure for the real estate of this case is legitimate, and that the auction price for the object of auction and the reason that the price is low compared to the market price cannot be a legitimate reason for appeal is just, and that the auction procedure of this case is illegal because it has been terminated without one hour after the notice of the report of the auction price was given. It is also justified in holding that there is no evidence to see that it can be seen as illegal.

In addition, there is no other error like the theory of lawsuit in the original judgment.

The issue is groundless.

Therefore, this reappeal is without merit, and it is dismissed. It is so decided as per Disposition by the assent of all participating Justices.

Justices Han-jin (Presiding Justice)