In case of auction between the site and its ground buildings, and in case of excess auction

In the case of an auction on the land and its land, even if the amount of debt can be repaid as a sale price of only one of them, it shall be held en bloc, and it does not conflict with the prohibition of excessive auction under Article 636 of the Civil Procedure Act.

Article 33 of the Auction Act, Article 636 of the Civil Procedure Act

Re-appellant

Jeonju District Court Decision 69Ra3 delivered on March 6, 1969

The reappeal is dismissed.

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

In this case where a successful bid is permitted after due process, the reason that the successful bid price is lower than the market price is not a legitimate ground for appeal;

In this case, in the case where a building is constructed on the site, and the site and the building are filed for auction in a lump sum, even if the amount of the claim can be repaid with only one of the real estates, the auction court can hold the auction as a lump sum auction so that it can prevent the fall of the auction price compared to the auction individually. Thus, the above lump sum auction does not conflict with the prohibition of excessive auction under Article 636 of the Civil Procedure Act.

The issue is groundless.

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

The presiding judge of the Supreme Court (Presiding Judge) of the Red Marins (Presiding Justice)