In case of disputing the existence of the right to request an auction under the Auction Act, the method of suspending the auction procedure

In a case where the existence of the right to apply for an auction under the Auction Act is disputed, in order to suspend the auction procedure, an objection against the decision to commence the auction procedure under Article 28 of the Auction Act shall be raised, and an order to suspend execution under the same Act shall be issued, or an objection against the obligation may be issued, by filing a lawsuit of demurrer under Article 505 of the Civil Procedure Act by applying mutatis mutandis Article 505 of the same Act, and the auction procedure may be suspended by receiving an order to suspend the auction under Article 507 of the same Act, and it may not be suspended by the general provisional disposition

Mapo Market Co., Ltd. and two vice-presidents, non-party, etc.

Seoul Central District Court Order 75Ka1209 Dated September 12, 1975

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

For the special grounds of appeal by the special appellant

According to the records, the real estate recorded in the separate list of this case was constructed by Hanjin Co., Ltd., the applicant for voluntary auction procedure (hereinafter referred to as the "applicant"), but the non-appeal 1 filed a lawsuit against the applicant for the order to suspend the auction procedure, 70,00,000,000, and the non-appeal 10,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,000,00,000,000,000,00,000,00,00,00,07,07,00).

Therefore, it is so decided as per Disposition by the assent of all participating Justices.

Justices Ahn Byung-hee (Presiding Justice) (Presiding Justice)