The relationship between the successful bidder of the immovables which have been requested for auction based on the subordinated mortgage and the lessee of such immovables.

Even if an auction is conducted upon a request by a junior mortgagee for auction, the successful bidder acquires the ownership of the object at the time of establishment of the first instance collateral, so the lessee who has met the requirements for setting up against the junior mortgagee after the establishment of the first instance collateral security was completed, cannot set up the right of lease against the successful bidder on the application for voluntary auction by the junior mortgagee.

Article 3 of the Auction Act, Article 3 of the Housing Lease Protection Act

Southyang Oil Company

Jung-gu and 4 others

The Plaintiff: (1) 3 menters of 80, Daegu-dong 882, 30, 30, 000 square meters in 12 square meters in 20,000 square meters in 20,000 square meters in 38,000 square meters in 30,000 square meters in 30,000 square meters in 20,000,000 square meters in 91 square meters in underground rooms; (2) 1,2,3,4, and 1 square meters in 20,000 in 30,000 in 30,000,000 in 20,000,000 square meters in 20,000,000 square meters in 30,000,000,000,000 square meters in 1,000,000,000 square meters in 30,00,000.

Litigation costs shall be borne by the defendants.

The judgment above and the provisional execution judgment

The fact that the Plaintiff acquired ownership by winning a successful bid from a party member on November 3, 1983 with respect to the building in this case, which was originally owned by the Plaintiff, on which he was originally owned by the Plaintiff, was paid in full at that time, does not conflict between the parties. If the Plaintiff collected the purport of the pleading as a result of the on-site verification by the party member, it can be recognized that the Defendants possessed each part of the above entry among the buildings in this case, and there is no other counter-

As to the assertion that the above part of the building was possessed by the Defendants without title, the Defendants had no prior to the acquisition of the mortgage right 1 to 80,000,000 which was already owned by the Defendant 1 to 40,000,000 which were owned by the above 10,000, 200,000 won, and the remaining owners of the above 18,000,000 won were sub-mortgage 1 to 3,000,000,0000,0000,000 were no more than 18,0000,0000,0000,0000,0000 were no more than 9,0000,000,000,0000,000,0000,0000,0000,0000,000,0000,000,000.

Therefore, in this case where the defendants do not assert or prove that there are different titles to possess each of the respective parts of the building of this case, the defendants are obligated to order the plaintiff to occupy each part of the building of this case. Since the plaintiff acquired the plaintiff's ownership, the plaintiff is obligated to compensate for damages from the illegal possession from January 1, 1984 to the completion date of each order. According to the appraiser Kim Jin's appraisal of rent, each of the above periods of rent after the above period of time shall be 200,000 won per month for the defendant Heung-gu, and 30,000 won per month for the defendant Park Jung-gu, and 10,000 won for the defendant Park Jae-gu, and 30,000 won for each month for the defendant Park Jae-il, and 120,000 won for each month for the defendant Cho Jae-il, and 120,000 won for each month, the above amount shall be paid to the plaintiff from January 1 to 198.

Therefore, each claim against the Defendants is accepted on the grounds that all of the claims are reasonable, and the main text of Article 89 and Article 93(1) of the Civil Procedure Act shall apply to the burden of litigation costs, but it is reasonable that provisional execution is not attached. Therefore, it is so decided as per Disposition not to attach it.

Judges Choi Ki-su (Presiding Judge)