The auction procedure to be suspended under Article 13 of the Presidential Emergency Order of August 3, 1972 refers only to the auction execution procedure by the court of auction, and the reappeal decision of the appellate court is not applied to the reappeal decision of the appellate court.

The auction procedure to be suspended pursuant to this Article refers only to the auction execution procedure by the auction court, and the reappeal to determine whether the appeal is reasonable or not, shall not be applied.

Article 13: Presidential Emergency Order of August 3, 1972

Re-appellant

Daejeon District Court Decision 72Ra50 delivered on June 15, 1972

The reappeal shall be dismissed.

The reasons for re-appeal shall be the Health Unit;

The argument that the successful bid price is low is not a legitimate re-appeal against the decision of permission of the auction in this case, and even if the report procedure as corporate bonds was followed by the order of the President of August 3, 1972, the auction procedure suspended by the order under Article 13 refers only to the auction execution procedure by the court of auction, and it is not applicable to the re-appeal that decides the improper decision of the appellate court like this case. Therefore, it is groundless in the re-appeal that the litigation procedure should be suspended at the court of auction (Therefore, if this case continues to be the auction court, there will be a problem of whether to suspend the auction execution procedure thereafter).

Therefore, the reappeal is dismissed. It is so decided as per Disposition by all participating Justices on the bench.

Supreme Court Judge Yang Byung-ho (Presiding Judge)