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(영문) 대법원 1966. 5. 17.자 66마281 결정
[부동산경락허가결정에대한재항고][집14(2)민,028]
Main Issues

the appraisal of the auction real property, unless otherwise

Summary of Decision

Even if it is collected, if the auction court recognizes the appraisal ability and orders the appraisal of the auction real estate, the appraised value will be fair unless there are special circumstances.

[Reference Provisions]

Article 615 of the Civil Procedure Act

Re-appellant

Re-appellant

United States of America

Seoul Civil District Court Decision 66Ra692 delivered on March 11, 1966

Text

The reappeal is dismissed.

Reasons

The summary of the grounds for reappeal:

It is reasonable that the auction court's permission to auction only on the basis of the appraisal price at a collection and delivery without expert knowledge of real estate market price is unfair, and thus it is desirable to order the re-auction and conduct re-auction.

However, even if the auction court recognizes the appraisal ability, and if the auction court orders the appraisal of the auction real estate to it, the appraised value shall be the legitimate lowest price unless there are special circumstances, and there is no reason to believe that the appraisal is unfair.

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

Supreme Court Judge Lee Young-sub (Presiding Judge)

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