Cases not considered an interested party under the Auction Act;

After the registration of an application for real estate auction, a person who has acquired rights on the real estate is not an interested person as provided in paragraph (3) 3 of this Article.

Article 30(3) of the Auction Act

East Mining Industry Corporation

Busan District Court Decision 66Ra105 delivered on June 23, 1966

The reappeal is dismissed.

As to the ground of re-appeal:

After the registration of a real estate auction, a person who acquired the right on the real estate is not an interested party as stipulated in Article 30 subparagraph 3 of the Auction Act, but the main decision. In this case, according to the main decision of the appellant, after the registration of the auction application, the appellant filed a lawsuit claiming cancellation of the ownership against Busan Cultural Tourism Co., Ltd., which is the owner who is the main debtor and also the owner of the main real estate. Since the appellant registered the provisional disposition prohibiting disposal of the real estate, the appellant cannot be said to be the "holder of the right" of the above legal action, and the appellant is currently pending in the appellate court because he received a favorable judgment in the first instance court and received a favorable judgment in the court of first instance and received a favorable appeal from the other party's appeal, so the original decision with the above purport is not sufficient. Thus, there is no argument that the original decision with the above purport is justified.

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

The judge of the Supreme Court (Presiding Judge) of the Red Round (Presiding Judge)