The effect of the decision on commencement of the deceased in the voluntary auction

Since the voluntary auction of mortgaged real estate by means of a mortgage is in progress in relation to the debtor and owner of the mortgaged real estate indicated in the registration of creation of the mortgage, even if there exists a death of the debtor or owner before or during the commencement of the procedure, the decision to commence the auction shall not be deemed unlawful even if the auction court grants permission for the successful auction of mortgaged real estate by continuing the procedure, even though the auction court did not clarify the death of the debtor or owner from the property successors and did not take over the auction procedure.

Article 26 of the Auction Act

Notification 64Ma258 decided May 16, 1964 (Article 26(8)1182, 8394 of the Civil Auction Act), Notification 64Ma478 decided August 28, 1964 (Article 26(9)1182, 801 of the Civil Auction Act), Notification 75Ma338 decided November 12, 1975 (Article 26(20)1184 of the Civil Auction Act)

Applicant

Korea Mutual Savings Bank, Inc.

The petitioner's objection of this case is dismissed.

The applicant is the owner of the real estate indicated in the attached list, which is the real estate at issue, and the applicant's deceased on August 28, 1986, for the reason that the decision of commencement of auction of this case was erroneous by serving the above deceased on the original copy of the decision of commencement of auction of this case and notification of the date of auction without taking over the procedure, and thus, the decision of commencement of auction of this case should be revoked. According to each of the above, the applicant's constructive certified copies of the decision of commencement of auction of this case and the certified copy of family register submitted by the applicant, the fact that the applicant died on August 28, 1986 is recognized, but the voluntary auction of the mortgaged real estate based on the right to collateral as in this case is conducted in relation to the debtor and owner of the mortgaged real estate indicated in the registration of creation of mortgage, and even if the debtor or owner died before or after the commencement of the auction procedure, the applicant cannot be found to have received the notification of commencement of auction of this case's auction of this case's real estate without taking over the auction procedure.

Judges Kim Jong-type