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(영문) 대법원 1970. 1. 8.자 69마1228 결정
[부동산경락허가결정에대한재항고][집18(1)민,002]
Main Issues

Under Article 30(3) of the Auction Act, interested parties in the auction procedure are interested parties.

Summary of Decision

Even though the ownership of the auction real estate has been acquired after the registration of the decision to commence the auction in the auction of the real estate, if it is not a person who proves his right to it in the auction court, the so-called interested person in the auction procedure cannot be considered as a person in the

[Reference Provisions]

Article 30 of the Auction Act

Re-appellant

Re-appellant

United States of America

Seoul Civil History District Court Decision 69Ra926 delivered on November 13, 1969

Text

The reappeal is dismissed.

Reasons

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

In the case of voluntary auction of real estate, even if the ownership of the real estate at auction was acquired and registered after the decision of commencement of auction was registered, if the auction court does not prove its right, it shall not be deemed to be an interested party in the auction procedure under Article 30 (3) of the Auction Act. In the same purport, the Re-appellant shall not be a interested party in the auction procedure at the same time, and the Re-Appellant shall not be a party in the auction procedure at the same time and there is no error of law in the decision of rejection of the appeal without judging the ground for appeal on the ground that the Re-Appellant's main reason for appeal cannot be a party in the auction procedure at this time.

Therefore, the reappeal is dismissed by the assent of all participating judges. It is so decided as per Disposition.

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

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