Cases where the mortgaged obligation can be repaid out only one of the sites and buildings which are the object of auction, and the auction en bloc held;

Even if it is possible to repay the mortgaged debt by an auction which is one of the sites and the real rights on the land which are the object of auction, it is reasonable to hold the mortgaged debt en bloc in view of the economic, social and effective use and utility of the site and the right on the land.

Article 636 of the Civil Procedure Act, Article 33 of the Auction Act

Re-appellant

Daegu District Court Decision 67Ra79 delivered on July 5, 1967

The reappeal is dismissed.

The Re-Appellant's grounds of reappeal are examined.

However, the fact that the market price of the real estate at the auction is above 4.5 million won, and that the appraisal value of the appraiser who has been duly appointed by the auction court is unfair is not clearly explained by the court below, and that of 255,000 won of the above mortgage debt amount to 160,000 won does not remain outside of the debt of 95,000 won by paying the auction before the auction permission. Even if the building site and building at the auction were to be granted the auction permission in a lump sum, as long as the mortgage is not extinguished by a partial repayment of the mortgage, a partial repayment of the mortgage debt does not affect the auction permission itself, and if the building site and the building on the ground become the object of auction, even if any one can repay the mortgage debt by considering the economic use and utility of the building site and the building on the ground as a lump sum auction, all of the arguments can not be discussed.

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

Supreme Court Judge Madung (Presiding Judge) Kim Mag-mar Red leapon