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(영문) 대법원 1970. 9. 30.자 70마539 결정
[강제집행방법에대한이의신청각하결정에대한재항고][집18(3)민,181]
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

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