If the successful bidder pays out the auction proceeds, the mortgage existing on the real estate for auction purposes is extinguished ex officio, so that the registration of establishment of a mortgage by the defendant, etc. is cancelled ex officio, or once the registration of establishment of a mortgage is cancelled ex officio, the request for cancellation of registration of establishment of a mortgage cannot be permitted.

If a successful bidder pays the auction price in full, the mortgage existing on the real estate for auction purposes is extinguished ex officio, so so long as the registration of creation of the right to collateral security is cancelled ex officio by the defendant, etc., a request for cancellation of registration of creation of the right to collateral security cannot be permitted.

Article 3 of the Auction Act, Article 226 of the Civil Procedure Act

Plaintiff

1. The term “Yung Bank” and one other

Seoul Civil Area, Seoul High Court Decision 71Na860 delivered on December 29, 1971

The appeal is dismissed.

The costs of appeal shall be borne by the plaintiff.

The grounds for appeal by the Plaintiff’s attorney are examined.

According to the reasoning of the judgment below, the court below acknowledged that the non-party, who was transferred to the non-party to the non-party to the non-party to the non-party to the non-party to the non-party to the family of the plaintiff on February 16, 1966, purchased real estate recorded in the list Nos. 1, 3, 5 from the non-party to the non-party to the non-party to the non-party to the non-party to the non-party to the non-party to the non-party to the non-party to the non-party to the non-party to the non-party to the non-party to the non-party to the non-party to the non-party to the non-party to the non-party to the non-party to the non-party to the non-party to the non-party to the non-party to the non-party to the non-party to the non-party to the non-party to the non-party to the non-party to the plaintiff on August 17, 1966.

The second ground of appeal is examined.

According to the reasoning of the judgment below, on November 3, 1967, the real estate in this case registered in the name of the plaintiff was registered under the name of the court below, and the registration of the establishment of the right to collateral security in the amount of 3.4 million won was made under the name of the defendant Cho Ho Bank due to the contract establishing the right to collateral security, and the registration of the establishment of the right to collateral security in the amount of 5.5 million won due to the contract establishing the right to collateral security was made under the name of the defendant Kim Jong-il on March 16, 1968, and the same court rendered a decision of November 20 of 1970 on the commencement of auction with the application for auction by the defendant Cho Jong-chul Bank on April 3, 1970, and the decision became final and conclusive and conclusive on November 20, 1970 on November 20, 197, and the registration of the establishment of the right to collateral security was cancelled ex officio by the same court.

According to the provisions of Article 3 of the Auction Act, since the mortgage existing on the real estate which is the object of auction is extinguished when the successful bidder paid out the proceeds of auction, it is reasonable to cancel ex officio the registration of establishment of the right to collateral security by the defendant, etc., so the registration of establishment of the right to collateral security by the defendant, etc. is invalid as the plaintiff's assertion, and even if the registration of establishment of the right to collateral security by the decision of approval of the successful bidder becomes invalid as the registration of establishment of the right to collateral security by the defendant, etc. is cancelled as long as the registration of establishment of the right to collateral security by the decision of approval of the successful bidder is cancelled as above, the request for cancellation of the registration of establishment of the right

Therefore, the appeal is dismissed and the costs of the lawsuit are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

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