Main Issues
Whether an appeal filed prior to notification of the decision to grant a successful bid is appropriate;
Summary of Decision
Any appeal against the decision of permission of an adjudication under Article 641 of the Civil Procedure Act, which is filed after the notification of the decision, is unlawful.
[Reference Provisions]
Articles 207 and 641 of the Civil Procedure Act
Reference Cases
Supreme Court Order 81Ma185 dated August 8, 1981 (Gong1981, 14288) 83S5 dated March 29, 1983 (Gong1983, 815)
Re-appellant
Re-appellant
The order of the court below
Seoul Central District Court Order 93Ra895 Dated May 17, 1994
Text
The reappeal is dismissed.
Reasons
The grounds of reappeal are examined.
An appeal against a decision of permission of a successful bid under Article 641 of the Civil Procedure Act is filed after the notice of the decision is given. The appeal filed prior to the notice of permission of a successful bid in this case is justifiable (see Supreme Court Order 83S5, Mar. 29, 1983). The remaining points are not legitimate grounds for reappeal.
Therefore, the reappeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.
Justices Lee Yong-hun (Presiding Justice)