In the event that a lawsuit is pending to challenge the existence of the right to request an auction under the Auction Act, or is in the case of Article 28 of the Auction Act, provisional disposition pursuant to Article 714 of the Civil Procedure Act shall not be required for scheduled auction procedures.

In case where a lawsuit is pending for the purpose of disputing the existence of the right to request auction under the Auction Act, or there is an objection against the decision on commencing auction under Article 28 of the Auction Act, it is not necessary to make a provisional disposition as a preservative measure to suspend the auction procedure, and it is not necessary to do so.

Article 714 of the Civil Procedure Act

Special Appellants

Daejeon District Court Decision 70Ka1217 delivered on December 16, 1970

The original decision shall be revoked.

The request for the suspension of an applicant's voluntary auction shall be dismissed.

The grounds for special appeal of the special appellant shall be examined.

According to the records, the court below accepted the applicant's application for the order to suspend the auction of this case on the ground that the applicant's application for the order to suspend the auction of this case was well-grounded, and the applicant's application for the order to suspend the auction of this case shall acquire the auction real estate of this case equivalent to 30 million won in market price if the auction of this case is completed and completed as it is, and even if the respondent's obligation is clear by the final judgment, it is impossible to recover the applicant's loss because the respondent has no other property. Since the applicant filed an appeal against the appellate judgment of the claim for confirmation of the existence of the claim, this decision to suspend the auction of this case on the ground that the above application is well-grounded, the court below's decision to suspend the auction of this case on the ground that Article 717, 717, 717, and 722 of the Civil Procedure Act does not require the court below to suspend the auction of this case, or to interpret it as a provisional disposition under Article 714 of the Civil Procedure Act.

Judge Han-dong (Presiding Judge) of the Supreme Court