The case holding that it is a ground for objection to the successful bid that the decision of the minimum auction price was erroneously made due to the mistake of the appraiser in the appraisal of the auction real property.

In assessing the value of a warehouse among the auction real estate, the appraiser assessed the value of the warehouse as 1449 square meters, which is the actual area on the registry, based on the assessment based on the assessment of the value of 1403.96 square meters, which is the area on the registry. As a result, the appraiser assessed the price of 11,034,800 won, which is the actual area on the registry, and submitted a report which assessed the total value of the auction real estate on the basis of the assessment at the auction court. If the auction court did not discover the error by the appraiser and conducted the auction, there is an illegal cause under Article 728 and Article 633, subparagraph 6 of the Civil Procedure Act.

Articles 728 and 633 subparag. 6 of the Civil Procedure Act

3. Talphalk

Seoul Central District Court Order 93Ra557 Dated June 7, 1993

The order of the court below shall be reversed, and the case shall be remanded to Seoul Civil Procedure District Court Panel Division.

The grounds of reappeal are examined.

According to the records, among the auction real estate of this case, the building is composed of one floor warehouse, office, and underground room. The size of the office is 424.7 square meters and 11.3 square meters and underground room is 2.3 square meters. According to the appraisal order issued by the auction court, unlike the size on the registry, the size of the office is 149 square meters, 86.7 square meters and underground room is 47.4 square meters, unlike the actual size on the registry, the appraisal of the above warehouse is calculated by the method of multiplying the unit price per area by the unit price per 60 square meters in the appraisal of the above warehouse. The appraisal of the office and underground room is based on the actual size of the warehouse, but it is not based on the assessment order of 1403.96 square meters, which is 140 square meters in the actual size on the registry, and as a result, the appraisal court did not determine the actual minimum appraised value of the real estate at the auction court of this case at the price of 140,0304 square meters in the auction.

Therefore, the court below's order is reversed and remanded without examining the different points of the grounds for reappeal. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Final Young-young (Presiding Justice)