The case where the public notice of auction date is illegal;

Public notification of the auction date with a condition that the auction real estate is not specified is unlawful.

Article 31 of the Auction Act, Article 618 of the Civil Procedure Act

Re-appellant

Seoul Civil History District Court Decision 72Ra1383 delivered on March 17, 1973

The order of the court below is reversed.

The decision to grant the successful bid of this case shall be revoked.

The Re-Appellant's ground for reappeal is examined.

According to the record, if the auction court of this case indicates the objects of auction among the contents posted as a public notice of auction date, it is about 3 square meters of mentmen's mentor's juice colon's 7:5.3 square meters, mentor's mentor's gar and mentor's 9:12.4 square meters, 1.05 square meters, 1.0-5 square meters of mentor's mentor's mentor's mentor's mentor's mar, 1.3 square meters of mentor's mentor's mar

The public notice of the auction date is a public notice given without specifying the auction real estate, so it cannot be deemed a public notice given to the appropriate juristic person. The court below should have deliberated on this point ex officio. Thus, the court below reversed the order of the court below. However, since it is reasonable to directly judge a party member in this case, the court below's decision of the court of first instance which made a decision of permission of auction without properly announcing the auction date. This decision is consistent with the opinions of participating judges.

Justices Han-jin (Presiding Justice)