Cases where the matters to be indicated in the decision of permission for auction are omitted, and the effect of the decision;

In the decision of permission of successful bid, it is necessary to place the auction price and the auction price permitted by the successful bidder of real estate at auction, and the decision of permission of successful bid which is not published at any one of them is illegal.

Article 679 of the Civil Procedure Act

Kim Jong-hwan

Daegu High Court Decision 58No482 delivered on January 25, 1958

In accordance with Article 679 of the Civil Procedure Act, the decision to grant a successful bid ex officio requires publication of the auction price and the auction price which is the real estate successful bidder and the auction price. Therefore, in this case, the decision to grant a successful bid on June 22, 1949 that is not entered in any one of them is illegal, it is clear that Gwangju District Court, which is the executing court, does not enter the name of the successful bidder in accordance with the decision to grant a successful bid on June 22, 1949, and it is in violation of the provisions of the exhibition law, and therefore, the court below's decision to allow a successful bid should be revoked, but it is improper to make a decision to dismiss the appeal simply and automatically

Justices Byunok-ju (Presiding Justice)