Whether or not an appeal may be filed independently against an order to continue the auction procedure.

An order to continue the auction procedure is merely an intermediate judgment, and it is not possible to file an appeal independently, and only to file an appeal together with an objection to the final judgment of the auction procedure.

Article 186 of the Civil Procedure Act, Article 1 of the Auction Act, Article 33 of the Auction Act

Re-appellant

Daegu District Court Order 73Ra120 Decided December 31, 1973

The order of the court below is reversed.

The appeal of this case is dismissed.

Before seeing the Re-Appellant’s grounds for re-appeal, the record was examined ex officio;

The lower court deemed that the appeal against the order to continue the auction procedure of the first instance court of this case is lawful, and the appeal is dismissed. However, the order to continue the auction procedure of this case is limited to the judgment with an intermediate nature of the final judgment of the auction procedure of this case, and there is no provision to file an appeal independently against such intermediate judgment.

Therefore, the appeal against such a judgment shall be deemed to be possible only with the objection against the final judgment, and the lower court erred by misapprehending the legal doctrine, thereby allowing an appeal against the intermediate judgment, thereby rendering a final judgment on the merits.

Therefore, the judgment of the court below is reversed on the ground that this case is suitable for a direct judgment of the party members, and therefore, the appeal of this case is dismissed on the ground above.

The opinions of involved judges are consistent with this decision.

Justices Han-jin (Presiding Justice)