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대법원 1970. 11. 30. 자 70마611 결정
[부동산경락허가결정에대한재항고][집18(3)민,344]
Main Issues

Article 5-2 of the Act on Special Measures for Loans in Arrears of Financial Institutions is not unconstitutional, and the same Act applies to cases pending before the court as of January 1, 1970, when the Act enters into force.

Summary of Decision

This Article is not an unconstitutional provision, but this Article applies to cases pending before the court as of January 1, 1970, when the law was enforced.

[Reference Provisions]

Article 5-2 of the Act on Special Measures for Loans in Arrears by Financial Institutions, Article 4 of the Enforcement Decree of the Act on Special Measures for Loans in Arrears by Financial

Re-appellant

Original Food Industry Corporation

United States of America

Seoul Civil District Court Decision 70Ra313 delivered on August 10, 1970

Text

The reappeal is dismissed.

Reasons

The grounds for the reappeal shall be examined as follows:

The court below's decision that the loan of the government-invested bank, the application for auction of this case, was publicly announced, and that Article 5-2 of the Act on Special Measures for the Loans in Arrears of the Financial Institutions is not unconstitutional. Since Article 2 of the Addenda of the amended Act of January 1, 1970 stipulated that the Act shall apply to the case pending before the court at the time of enforcement of the Act, the court below rejected the appeal on the ground that the appeal against the decision of permission of auction of this case did not deposit the security under Article 5-2 of the Enforcement Decree of the same Act, Article 4 of the Enforcement Decree of the same Act.

Therefore, the reappeal is dismissed without merit. It is so decided as per Disposition by all participating judges.

Justices of the Supreme Court (Presiding Judge) Dog-Jak Kim Kim-nam Kim Young-gu

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