[1] Measures to be taken by an execution officer when the proxy submitted by the bidder in the fixed tender does not have a certificate of personal seal impression attached to the proxy, or when the proxy and the certificate of personal seal impression are affixed to the proxy

[2] The case holding that there is a procedural defect in the execution officer's disposition to execute the bidding procedure, in case where the bidder's proxy's proxy's proxy's proxy's proxy's proxy's proxy's proxy's proxy is decided as the highest bidder without any opportunity to prove it on the ground that it is a

[1] Article 62(4) of the Rules for Civil Execution / [2] Article 62(4) of the Rules for Civil Execution

Special Appeal Board (Law Firm Lee & Lee, Attorneys Kang Jong-ho et al., Counsel for the defendant-appellant)

Incheon District Court Order 2008Ma163 dated February 4, 2008

The order of the court below is reversed, and the case is remanded to the Incheon District Court Branch.

An agent of a bidder in a fixed-term tendering procedure shall submit to an execution officer a document proving his/her power of representation (Article 62(4) of the Civil Execution Rule), and in the case of a voluntary representation, an agent may prove his/her power of representation by submitting a power of representation with the verification of authenticity. Thus, even if the power of attorney submitted to the execution officer is not accompanied by a certificate of personal seal impression as a private document, or the power of attorney and a certificate of personal seal impression are forged, if the authenticity of a power of attorney is proved by either submission of a certificate of personal seal impression or by any other similar reliable method before the highest bidder decision is made, it shall be deemed valid tender. Thus, even if the power of attorney is not accompanied by the certificate of personal seal impression submitted by the proxy of the bidder, the execution officer

According to the records, although the non-party to the special appellant's representative submitted a power of attorney to participate in the fixed date auction case No. 2007ta-Ma8360 on January 29, 2008 and bid at the highest price with respect to the article No. 3 of the real estate auction case, the non-party to the special appellant's representative submitted a letter of attorney to the Incheon District Court's District Court's Decision 2007ta-Ma8360 on January 29, 2008, the execution officer who conducted the above bidding procedure was aware that the non-party's representative did not give special appellant's or the non

Therefore, the court below should have revoked the above highest bidder's decision on the ground that there was a procedural defect in the above disposition by an execution officer, and should have given the special appellant or the above non-party an opportunity to prove the authenticity of power of attorney, and should have decided the highest bidder, but the court below should have dismissed the special appellant's objection without delay, and there is a special reason that affected the judgment.

Therefore, the order of the court below shall be reversed, and the case shall be remanded to the court below for a new trial and determination. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Kim Young-ran (Presiding Justice)