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(영문) 대법원 1986. 8. 20.자 86마587 결정
[부동산경락허가결정][공1986.11.1.(787),1367]
Main Issues

The requirements for a person who has acquired rights after the registration of the decision to commence an auction of real estate rent becomes an interested party in the auction procedure.

Summary of Judgment

Any person who has acquired a right by completing a registration of ownership transfer after the entry of the decision on commencing auction after the registration of the decision on commencing auction on real estate auction shall be an interested party in the auction procedure because he/she falls under Article 30 (3) 4 of the Auction Act,

[Reference Provisions]

Article 30 of the Auction Act

Reference Cases

Supreme Court Order 69Ma1228 Dated January 8, 1970

Re-appellant

Re-appellant

Judgment of the lower court

Seoul Central District Court Order 86Ra320 Dated June 26, 1986

Text

The reappeal is dismissed.

Reasons

The grounds of reappeal are examined.

Any person who has acquired a right after completing the registration of transfer of ownership after the entry of the decision on commencing auction in the auction auction of real estate shall prove such fact to the auction court, but it falls under Article 30 (3) 4 of the Auction Act and become an interested party in the auction procedure. The re-appellant is the case of party members. Since it is obvious that the re-appellant was a person who completed the registration of transfer of ownership after the entry of the decision on commencing auction and reported such fact after the decision on permission of auction of this case, the auction court

Therefore, there is no reason to argue that the re-appellant is in violation of the procedural violation of the decision of permission of auction maintained by the court below on the premise that the re-appellant is an interested party in the auction procedure, and the theory of lawsuit does not claim that there is a reason under Article 11 (1) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings in the original judgment

Therefore, the reappeal is dismissed. It is so decided as per Disposition by the assent of all participating judges.

Justices Lee B-soo (Presiding Justice)

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