Even if there is a defect in the object of auction, after the decision to permit the auction becomes final and conclusive, the decision to permit the auction may not be revoked for this reason.

Even if there is a defect in the object of auction, after the decision of permission of auction has become final and conclusive, the decision of permission of auction may not be revoked.

Article 33 of the Auction Act, Article 633 of the Civil Procedure Act

Corporation of the Republic of Korea

Daejeon District Court Order 68Ra162 dated December 24, 1968

The reappeal is dismissed.

The reasons for the reappeal are as follows. In other words, on November 24, 1967, at the request of the mortgagee established by the Factory Mortgage Act including 12 lots of land and 7 buildings of factory and machinery installed at the factory, the auction court held that there were the objects listed in the appraisal report for the preparation of appraiser outside the appeal on August 5, 1968, and the auction decision becomes final and conclusive August 12, 1968. The auction decision of the auction decision of the successful bidder as the successful bidder was final and conclusive on August 12, 1968.

Therefore, even if the court below assumed that the decision of the successful bid can be contested as an appeal for the same reason as the theory of domestic lawsuit before the decision of the successful bid is made, it cannot be said that there is an error of law in deciding that the decision of the successful bid permission which has already been made for the same reason as the theory of lawsuit cannot be cancelled after the decision of the successful bid permission becomes final and conclusive, and therefore, it cannot be adopted as an argument of attacking the original decision as the opposing opinion.

Therefore, it is so decided as per Disposition with the assent of all participating judges.

Supreme Court Judge Lee Young-subop (Presiding Judge)