The mistake of public notice of tax or other public imposts is the reason of denial of ex officio adjudication.

Where the subject matter of auction is land, documents to prove the "one-year tax and other public imposts" of the competent public office shall be attached at the time of application for auction, and the public notice of the date of auction shall state the "tax and other public imposts" in the public notice, and where the said objects are not indicated or are stated without any grounds, the auction court shall not grant ex officio

Articles 602(1), 618, 633, and 635(2) of the Civil Procedure Act

Supreme Court Order 70Ma294 Dated May 18, 1970 No. 70Ma701 Dated November 30, 1970

[Defendant-Appellee] Attorney Park Jong-chul et al., Counsel for defendant-appellee-appellee

Seoul Central District Court Order 80Ra93 Dated June 26, 1980

I reverse the original decision.

The decision to grant the successful bid is revoked.

The re-appellant's re-appeal ground is examined.

According to Article 602 (1) 3 and Article 602 (2) of the Civil Procedure Act applied mutatis mutandis by Article 24 of the Auction Act, if the object of the auction is land, an application for auction shall be accompanied by one year’s tax and other documents evidencing the public amount of the land (see Supreme Court Order 70Ma294 dated May 18, 1970; 70Ma701 dated November 30, 1970). According to Articles 30 and 31 of the Auction Act, Article 618 subparagraph 2 of the Civil Procedure Act, the public notice of auction date shall state the "tax and other public imposts" in the public notice of the auction date and Article 633 subparag. 4 and Article 635 (2) of the Civil Procedure Act, unless the above public notice of the auction date and the remaining public notice of the auction date are stated in the public notice of the auction date, and there are no errors in the law as to the above public notice of the auction date and the remaining public notice of the auction price.

Justices Kim Hong-chul (Presiding Justice)