The case holding that although a creditor submitted the judgment of appeal in addition to the judgment of the court of first instance ordering payment of the amount in advance of the procedure for compulsory auction of real estate based on the judgment of the court of first instance which ordered payment of the amount in advance to be converted into money in the event of non-delivery of the amount in advance during the procedure for compulsory auction of real estate under the judgment of the court of first instance, the defects of an application for compulsory auction of real estate based on

Articles 469 and 601 of the Civil Procedure Act

Kim Jong-bong

Jeong Man-man

The decision to commence the auction on real estate stated in the attached list shall be revoked.

The request for auction of this case shall be dismissed.

It is clear that the Seoul Civil District Court Decision 91Mo9778 delivered on January 9, 192, which is a title of debt that the creditor submitted at the time of applying for a compulsory auction of this case, ordered the debtor to pay a percentage of 25 percent per annum from January 24, 1983 to the date of full payment.

Thus, the compulsory auction order of this case, which is based on the above title of debt, cannot be applied for a compulsory auction of real estate for the purpose of repayment of monetary claim, is illegal.

In the course of the procedure for compulsory auction of this case, a creditor submitted an appellate judgment (Seoul Civil Procedure District Court Decision 92Na4399 delivered on December 4, 1992) of the above judgment, and the judgment was added to the judgment of provisional execution ordering conversion of the above white court into money if it is impossible to deliver the white court's money, and further, the execution clause was also granted. However, in order to apply for compulsory auction of real estate based on the above judgment, evidentiary materials that have become impossible to deliver the white court's non-delivery, such as the report of non-delivery of delivery of the house office, are submitted. Since the creditor failed to submit such materials, there is no room to deem that the above defect was cured by the submission of the judgment of the appellate court with the above executory power.

Therefore, the decision of compulsory auction of this case is revoked and the creditor's application for compulsory auction is dismissed. It is so decided as per Disposition.

Judges Min Il-young