Whether a person who has the right of provisional disposition on the auction real estate may file an immediate appeal against the decision on whether to permit the sale (negative)

Article 129 of the Civil Execution Act

Supreme Court Order 68Ma137 dated March 12, 1968 (No. 16-1, 148) Supreme Court Order 94Ma1534 dated September 30, 1994 (Gong1994Ha, 2829)

[Re-Appellant]

Subu District Court Order 2008Ra78 dated July 7, 2008

The order of the court below shall be reversed, and the case shall be remanded to the Panel Division of Suwon District Court.

Judgment ex officio is made.

The provisional disposition right holder of the auction real estate does not correspond to the interested party who is entitled to file an immediate appeal against the decision of permission for sale, and an immediate appeal filed by the interested party, the buyer, and the bidder, is unlawful (see Supreme Court Order 68Ma137, Mar. 12, 1968; Supreme Court Order 94Ma1534, Sept. 30, 1994, etc.).

According to the records, the re-appellant is deemed to have filed an immediate appeal against the decision of permission for sale of this case as the qualification of the provisional disposition holder for the auction real estate of this case. In such a case, the court below should dismiss the appeal of this case. Nevertheless, the court below's decision dismissing the appeal of this case without examining whether the re-appellant is a legitimate appellant is a legitimate appellant is illegal.

Therefore, the order of the court below is reversed, and the case is 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 Yang Chang-soo (Presiding Justice)