In assessing land subject to auction, whether it should include the value of the unregistered items of the non-registration of the debtor's possession that is born on that ground.

Since the unregistered subjects owned by the debtor who is living on the land subject to auction are deemed part of the land as a constituent part of the land and auction is conducted together with the land unless there are any special circumstances, the land subject to auction, including the value of such subject, shall be assessed.

Re-appellant

Seoul Central District Court Order 76Ra171 dated May 28, 1976

The original decision is reversed and the case is remanded to the Panel Division of the Seoul Civil Procedure District Court.

The Re-Appellant's grounds for re-appeal are examined.

According to the records, at 902, which is the land subject to the auction of this case, the 3rd appraisal is the land where 7,88 years old trees are concentrated on that land, and the non-party belonging to the Korea Appraisal Board who is ordered by the court of auction to appraise the above land shall appraise and appraise the land at 1,000 won per square day (record 58 to 59) in the appraisal report, and it shall be limited to 7,8 years old trees which are located on that land. Therefore, in the appraisal of this land, the above 3rd trees which are isolated on that land shall not be excluded from the order of appraisal by the court of auction, and it shall not be deemed as being the 6th appraisal price of the land which is assessed at the minimum auction price, and as one of the objective circumstances surrounding the land, the auction court shall not give public notice of the 8th appraisal price of the land which is assessed at the auction of this case as part of the auction of this case, unless there is an error of law in the law of the court of auction of this case.

Therefore, the decision of the court below is reversed and the case is remanded to the Panel Division of the Seoul Civil Procedure District Court. It is so decided as per Disposition by the assent of all participating Justices.

Justices Lee Young-young (Presiding Justice)