Even if an objection against the decision on commencing auction is pending, if the successful bidder has paid the successful bid price due to the reason that the execution of the auction procedure has not been suspended, the decision on commencing auction cannot be revoked.

Even if an objection against the decision on commencement of auction is pending, if the successful bidder has paid the successful bid price, the decision on commencement of auction cannot be revoked.

Article 28 of the Auction Act

Re-appellant

Seoul Civil History District Court Decision 70Ra409 delivered on May 2, 1971

The reappeal is dismissed.

The Re-Appellant's grounds of reappeal are examined.

According to the records, according to the original decision, the appellant raised an objection against the decision of commencement of auction on May 28, 1970 and filed an immediate appeal against the original decision to dismiss it, but the above auction procedure was conducted because it did not take a provisional disposition to suspend execution corresponding to Article 484(2) of the Civil Procedure Act, and the auction court decided June 10, 1970 as the successful bid price was paid on the above date, and the non-party is clear that the successful bidder paid the successful bid price on the above date, and therefore he finally acquired the ownership of the real estate in this case. Accordingly, the original decision to dismiss the objection against the above decision of commencement of auction on May 28, 1970 is therefore justifiable. In light of the records, even after examining the records, it cannot be said that there was any error as pointed out by the court below's theory of lawsuit on the above measures. Therefore, the argument is without merit.

Therefore, it shall be decided as per the Disposition in accordance with the consistent opinion of the participating judges.

Judge Do-dong (Presiding Judge) of the Supreme Court