Whether the grounds for re-appeal against the decision of permission of auction can be the grounds for re-appeal against the decision of permission of auction (negative)

The reason that the registration of the establishment of a neighboring mortgage on the object of auction was cancelled after the decision of dismissal on the permission of auction was notified cannot be a legitimate ground for reappeal against the decision of permission of auction.

Article 642 of the Civil Procedure Act

Supreme Court Order 66Ma343 Dated May 31, 1966 (No. 14 ② 56) 79Ma156 Dated July 25, 1979 (Gong1979,12152) 90Ma898 Dated February 6, 1991 (Gong191,152)

Re-appellant

Suwon District Court Order 91Ra166 dated April 7, 1992

The reappeal is dismissed.

The grounds for reappeal are examined.

Since the theory of lawsuit was notified of the order of the court below and the debtor and the owner met the obligation to the creditor, and the registration of creation of a neighboring mortgage on the two parcels among three parcels of forest land which are the object of the auction of this case was cancelled, the decision of permission of the auction of this case should be cancelled. However, the reason that the registration of creation of a neighboring mortgage on the object of auction was cancelled after the decision of permission of the auction was notified cannot be a legitimate reappeal against the decision of permission of the auction (see, e.g., Supreme Court Order 64Ma17, Mar. 30, 1964; Supreme Court Order 79Ma156, Jul. 25, 1979).

Therefore, the re-appeal by the debtor and the owner is dismissed. It is so decided as per Disposition by the assent of all participating Justices.

Justices Yoon Jae-ho (Presiding Justice)