Whether it is an interested party who is entitled to file an appeal against the decision of the successful bid of real estate solely on the fact that there is a final and conclusive judgment that is able to register the recovery of ownership of the auction real estate (negative)

In principle, an appeal against the decision of permission for the auction of real estate can be filed by interested parties in the auction procedure, and even if there is a final and conclusive judgment which is able to register the restoration of ownership on the auction real estate, it can be an interested party who has to report the right to the execution court.

Article 641 of the Civil Procedure Act, Article 607 of the former Civil Procedure Act (amended by Act No. 4201 of January 13, 1990)

Supreme Court Order 80Ma157 Dated October 15, 1980 (Gong1980, 13294) 86Ma608 Dated September 24, 1986 (Gong1987, 221) dated March 24, 1988 (Gong1988, 683)

Freeboard of leap

Busan District Court Decision 90Ra187 delivered on February 20, 1991

The reappeal is dismissed.

We examine the grounds for reappeal.

In principle, an appeal against the decision of permission of the auction of the real estate by the execution court may be filed by the interested parties in the auction procedure, and even if the re-appellant has a final and conclusive judgment such as the theory of lawsuit, he can be an interested party with the registration of the recovery of ownership based thereon and the report of the right to the execution court. The court below's decision that the appeal of this case is unlawful from the same view

Justices Kim Yong-ju (Presiding Justice)