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(영문) 대법원 1970. 6. 30.자 70마361 결정
[부동산경락허가결정에대한재항고][집18(2)민,141]
Main Issues

The provisions on security deposit in Article 5-2 of the Act shall apply to any appeal filed after the enforcement of the Act on Special Measures for Loans in Arrears by Financial Institutions.

Summary of Judgment

The provisions on deposit in security in this Article shall apply to any appeal filed after the enforcement of the amended Act (No. 1, 701.1).

[Reference Provisions]

Article 5-2 of the Act on Special Measures for Loans of Financial Institutions, Paragraph 2 of the Addenda to the Act on Special Measures for Loans of Financial Institutions

Re-appellant

Re-appellant

Judgment of the lower court

Seoul Civil History District Court Order 70Ra213 Dated May 9, 1970

Text

The reappeal is dismissed.

Reasons

The gist of the grounds of reappeal is that the court below rejected the appeal on the ground that the re-appellant or his agent did not deposit the amount of KRW 750,00 under Article 4 (2) of the Enforcement Decree of the Act even after receiving the order of correction to deposit the amount of KRW 750,00,00 from the court below's order of correction, but it does not affect the validity of the procedure under the former Act before this Act enters into force. Thus, the court below cannot dismiss the appeal by applying the above provision of the Act to this case. However, since the above amendment of the Act of Special Measures (Enforcement of January 1, 1970) provides that "this Act applies to the case which is pending before the court at the time of entry into force of this Act." However, since the appeal was filed on March 3, 1970 after the enforcement of the Act, the court below's order of correction to deposit the above provision under the former Act shall be binding upon the non-appellant's husband's domicile and the records are justified.

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

[Judgment of the Supreme Court (Presiding Judge) Nabri-dong and Dobri-Jaking Hanwon

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