Whether the provisional registration right holder of the right to claim ownership transfer of the auction real estate becomes an interested party in the auction procedure under the former Auction Act (negative)

Even if a suit is filed against a person liable for registration to demand the performance of the principal registration procedure, the person liable for registration can not be considered as an interested party in the auction procedure under the former Auction Act.

Article 3 of the Registration of Real Estate Act, Article 30 (3) of the former Auction Act (Law No. 4201, Jan. 13, 1990)

Supreme Court Order 85Ma504 Dated October 11, 1985

Lee Jae-won et al.

Seoul Central District Court Order 90Ra351 dated July 29, 1990

All reappeals are dismissed.

1. The judgment on the grounds for reappeal by the re-appellant

The provisional registration was made only for preserving the right to claim ownership transfer of real estate to be sold at auction, and the person who fails to make the principal registration based on such provisional registration, even if he filed a lawsuit against the person liable for registration to claim the implementation of the principal registration procedure, shall not be deemed an interested party in the auction procedure under the Auction Act (see Supreme Court Order 85Ma504, Oct. 11, 1985), and there is no reason to discuss.

2. The judgment on the grounds for reappeal of the re-appellant Park Young-young

In accordance with the record, it is clear that the auction court notified all of the above-appellants of the auction date, and the auction court can determine a delivery period as an appraiser who will evaluate real estate to be sold, and as long as the auction procedure is lawfully conducted, the argument that the auction price is too high compared to the market price cannot be a legitimate ground for re-appeal as to the decision of permission of auction. Therefore, there is no reason for all the arguments.

3. Therefore, all reappeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices.

Justices Lee Jae-sung (Presiding Justice)