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(영문) 대법원 1969. 9. 23.자 69마544 결정
[부동산경락허가결정에대한재항고][집17(3)민,122]
Main Issues

As long as the minimum auction price reduction itself is erroneous, the auction procedure is erroneous even if it was above the minimum auction price before the auction price reduction.

Summary of Judgment

(a) the date of auction may not reduce the minimum auction price if it changes ex officio;

B. If the reduction of the minimum auction price itself is erroneous, even if the auction price was above the minimum auction price before the reduction of the auction price, the auction procedure is erroneous.

[Reference Provisions]

Article 32 of the Auction Act, Article 631 of the Civil Procedure Act

Re-appellant

Re-appellant

United States of America

Seoul Central District Court Order 69Ra421 dated June 9, 1969

Text

I reverse the original decision.

The decision to grant the successful bid of this case shall be revoked.

Reasons

The Re-Appellant's ground for reappeal is examined.

According to the original decision, since the third auction date ( March 26, 1969.10:00) was changed ex officio in the procedure for reducing the minimum auction price for the auction real estate in this case, the third auction date ( March 26, 1969.10:00) was not reduced at the fourth auction date ( April 28, 1969.10:0), it was erroneous that it was reduced from 224,000 to 156,800 won, but it was obvious that it was permitted to sell more than 224,00,000 won, which is the minimum auction price for the third auction date on the fourth auction date, the second auction procedure was lawful. However, even if the auction price for the fourth auction date was above the minimum auction price for the third auction date, the decision of the court below should not escape from the above erroneous auction price on the premise that the auction price was unlawful, and thus, the decision of the court below's dismissal of the above decision should be justified.

It is well-grounded.

Therefore, the decision of the court below is reversed, and the decision of the court below is revoked. It is so decided as per Disposition by the assent of all participating judges.

The presiding judge of the Supreme Court of Korea (Presiding Judge) shall be the red net shots and the white shots

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