The time and status of acquisition of ownership of successful bidder in a compulsory auction of immovables.

In the compulsory auction of immovables, even if the successful bidder acquired the ownership of the immovables at the time when the decision of permission of auction becomes final and conclusive on the condition that he would not pay the successful bid price on the date of payment of the successful bid price, the decision of provisional disposition suspending the auction procedure by paying the obligation before the termination of the auction procedure, or the objection against the claim is won in the public prosecution, the status

Article 187 of the Civil Act, Article 654 of the Civil Procedure Act

Notice 65Ma141 decided Nov. 14, 1967; 66Ma1061 decided Mar. 25, 1969

Re-appellant

Busan District Court Decision 65Ra96 delivered on September 17, 1965

The original decision is reversed, and

The case shall be remanded to Busan District Court Panel Division.

The re-appellant's grounds of appeal Nos. 1 and 2 are examined.

According to the records, the auction was decided to commence auction on August 14, 1958. Since the auction court's decision to permit auction was made on December 19, 1959. The reappeal against the auction court's decision to permit auction was dismissed on April 27, 1962. The auction court's decision to permit auction was final and conclusive on July 14, 1962. The auction court's decision to suspend auction price was 16 years to 16 years to 16 days to 4 days to 6 days to 19 days to 6 days to 196 days to 19 days to 19 days to 6 days to 19 days to 19 days to 6 days to 19 days to 19 days to 6 days to 19 days to 17 days to 17 days to 5 days to 19 days to 5 days to 6 days to 17 days to 5 days to 17 days to 17 days to 17 days to 5 days to 9 days to 9 days to 5 days to pay auction price. This decision becomes final.

Therefore, the original decision shall be reversed and remanded, and it is so decided as per Disposition by the assent of all participating judges pursuant to Articles 413(2) and 406 of the Civil Procedure Act.

Justices of the Supreme Court (Presiding Judge) Kim Young-chul Kim Young-ho (Presiding Judge)