In the compulsory auction of immovables, the time of ownership of successful bidder

In the compulsory auction of real estate, the time when the successful bidder acquires ownership is decided to grant the successful bid.

Articles 647(3) and 654 of the Civil Procedure Act, Article 187 of the Civil Act

November 14, 1967 Order 66Ma1061 dated November 14, 1967

Plaintiff

Defendant 1 and four others

Seoul High Court Decision 68Na1130 delivered on December 11, 1968

The appeal is dismissed.

The costs of appeal shall be borne by the Defendants.

Judgment on the Defendants’ grounds of appeal.

In the compulsory auction of real estate, the successful bidder shall acquire the ownership of the auction property on the condition that he will not pay the auction price on the payment date. The time of acquisition of ownership is an interpretation which takes place by the principal source to the effect that the auction price is not simultaneously with the adjudication of the successful bid permission, such as the adjudication of the lawsuit (Supreme Court Order 66Ma1061 Decided November 14, 1967). Even if the auction price of the building was permitted by the auction court on September 13, 1968, prior to the closure of pleadings in the original trial, the decision of permission became final and conclusive prior to the conclusion of pleadings in the original judgment. However, although the reasoning of the original judgment is insufficient, the owner of the building at the time of the conclusion of pleadings in the original judgment is justifiable, and the ownership of the building at the same time belongs to the above non-party, which is not the owner of the building at the time when the pleadings in the original judgment was concluded, and thus, it is not reasonable to assert that the ownership of the building at this time when the pleadings in the original judgment was concluded.

Therefore, the appeal is without merit, and the costs of the lawsuit are assessed against the losing party. It is so decided as per Disposition by the assent of all participating judges.

Justices of the Supreme Court (Presiding Judge) Kimchi-bi (Presiding Judge)