Whether the payment of the successful bid price may be prohibited by a provisional disposition

Since the application for the suspension of the auction procedure is not allowed by the general provisional disposition procedure, it is not possible to apply for the prohibition of the payment of the auction price by the provisional disposition.

Article 715 of the Civil Procedure Act

Re-appellant

Seoul Central District Court Order 73Ra657 Decided July 25, 1974

The reappeal is dismissed.

The grounds of reappeal are examined.

The Re-Appellant's application for provisional disposition is not allowed to suspend the auction procedure due to the general provisional disposition procedure (see, e.g., Supreme Court Decision 71Da17, Nov. 25, 201). Thus, the original decision that does not allow the Re-Appellant's application for provisional disposition which applied for the prohibition of the payment of the auction price in the real estate auction case by provisional disposition is justifiable, and the above auction case was unilaterally carried out at the creditor's request, there was a defect in calculating the principal and interest of auction claim, or there was a defect in calculating the principal and interest of auction claim, or the notification of the commencement of auction decision and auction date became service by public notice, or there was a serious error in the investigation of real estate lease, and thus, the reappeal's reappeal cannot be the ground for asserting the decision of

Therefore, this reappeal is without merit, and it is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Yang Byung-ho (Presiding Justice)