Main Issues
As a matter of course, the right to receive an order of delivery cannot be seen as extinguished because the successful bidder transferred the target real estate to a third party.
Summary of Decision
Since the successful bidder transferred the object real estate to a third party, the right under the enforcement law to receive the order of delivery cannot be considered to be extinguished.
[Reference Provisions]
Article 647 of the Civil Procedure Act
Re-appellant
Hanyang Construction Limited Partnership
United States of America
Daejeon District Court Decision 70Ra48 delivered on July 29, 1970
Text
The reappeal is dismissed.
Reasons
As to the ground of reappeal by the re-appellant:
It is reasonable to interpret that the successful bidder's right under the enforcement law, which is given to the successful bidder who has paid the successful bid price in full, has transferred the target real estate to a third party, so it cannot be viewed that the right under the enforcement law is extinguished, so there is no error of law of litigation in the original decision.
The issue is groundless.
Therefore, it is so decided as per Disposition by the assent of all participating judges under Article 413(2) of the Civil Procedure Act.
The two judges of the Supreme Court (Presiding Judge) the Red Net Sheet