If a public notice of the auction date stating a public charge imposed on the land among the objects of auction is an illegal procedure, but if the public charge and the amount of the subsequent public charge are the same as the investigation conducted by the public office, the procedural defect shall be cured.

The public notice of the auction date, in which the public charges investigated by the deferment of collection on the land for the purpose of auction are stated, shall be cured if the amount of the public charges imposed by the public office completed later is the same as the investigation conducted by the deferment of collection.

Article 602 of the Civil Procedure Act, Article 618 of the Civil Procedure Act, Article 24 of the Auction Act, Article 31 of the Auction Act

Re-appellant

Seoul Central District Court Order 70Ra92 dated August 31, 1970

The reappeal is dismissed.

The judgment on the grounds for reappeal by the re-appellant

According to the records, as in the theory of lawsuit, the auction procedure cannot be conducted by public auction to investigate the tax and other amount of 1 year rental price for the site of this case 22 years as to the site of this case. However, the auction procedure conducted by the court of execution shall be lawful, since the public auction of this case conducted by the court of execution is lawful, since the amount of the public charges and the amount of the public charges imposed on the site of the head of Seodaemun-gu Slime's above site completed later is the same as the amount of the public charges investigated by the head of Seodaemun-gu Slime's death. The judgment of the court below with the same purport shall not be justified

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

Supreme Court Judge Yang Byung-ho (Presiding Judge)