Whether an appeal dissatisfied with the decision of dismissal on the application for cancellation of the adjudication on the successful bid of the real estate auction case is appropriate;

Since a trial on a request under Article 507(2) of the Civil Procedure Act is a provisional trial in which its nature is ad hoc measure, no objection shall be allowed by analogy of Article 473(3) of the same Act.

Article 507 of the Civil Procedure Act

65Ma1212 decided Feb. 27, 1966 (Supreme Court Decisions 7890Da1044 decided Feb. 20, 1967; 65Ma119 decided Feb. 20, 1967 (Supreme Court Decisions 7612Da1119 decided Feb. 20, 196 (Supreme Court Decision 761Da15106 Decided Dec. 15, 106)

Appellant

Busan Bank and 1 other

Busan District Court Decision 73Ka4683 (Decision 73Ka4683)

An appeal shall be dismissed.

Busan District Court 73Ra91 revoked the decision of approval for auction in a voluntary auction case.

According to the records, if the appellant filed a lawsuit of demurrer against the other party of this case with Busan District Court, pursuant to Articles 509 and 507(2) of the Civil Procedure Act, the appellant applied for the cancellation of the decision of permission of auction of the same court 73Ra91 under the same court pursuant to Article 509 and Article 507(2) of the Civil Procedure Act, and if this is dismissed on the ground that it is not reasonable in the court below,

However, a judgment on an application under Article 507(2) of the Civil Procedure Act shall not be permitted by analogy of Article 473(3) of the same Act with respect to a provisional judgment, the nature of which is ad hoc measure. Thus, this case’s appeal is unlawful as it is an appeal against a decision that cannot be appealed. Thus, it is so decided as per Disposition by the assent of all participating Justices.

Judges Kang Jae-hee (Presiding Judge)