The procedural illegality in the procedure of making a public notice of auction date by the entry of the public notice of the results of the collection and investigation report is the correction by the certificate of property tax imposed on the public office prepared by the competent public office.

The public notice of the auction date was made by the entry of the report on investigation on land and public charges which are not the public offices under the jurisdiction. However, according to the entry of the certificate of property tax issued by the public officials under the jurisdiction revised later, it is identical to the aggregate amount of the public charges, so it cannot be said that the defect is the execution of illegal auction procedure.

Article 618 of the Civil Procedure Act, Article 601(1)3 of the Civil Procedure Act

Appellant 1 et al.

Seoul Civil District Court Decision 69Ra483 delivered on September 22, 1970

The reappeal is dismissed.

The re-appellant's grounds for reappeal are examined.

According to the records, the court of auction did not make an illegal service when giving notice of the auction date to the re-appellant, and according to the records, the reasoning of the court below's order that the court below did not have any explanation as to the conformity of the extension portion of the building subject to auction, is justifiable. The public notice of the auction date is clearly recorded without being omitted. The public notice of auction date is made based on the statement of the investigation report of office-based, not the original competent public office, but the public notice of auction date based on the statement of the investigation report of office-based, among the objects of auction owned by the re-appellant 1, the public notice of auction date was made based on the illegal act or the statement of the certificate of property tax issued by the competent public office corrected by the court

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

Justices of the Supreme Court (Presiding Judge) Park Jae-dong (Presiding Judge)