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(영문) 대법원 1967. 10. 25.자 67마947 결정
[부동산경락허가결정에대한재항고][집15(3)민,235]
Main Issues

A complainant who is indicated in the notice registration that does not fall under any interested person under Article 30 (3) of the Auction Act;

Summary of Decision

A person who has filed a lawsuit claiming the cancellation of ownership transfer registration due to invalidity of the cause for registration against the owner of auction real estate, and the prior notice registration is not a interested party as prescribed in paragraph (3) of this Article.

[Reference Provisions]

Article 30(3) of the Auction Act, Article 4 of the Registration of Real Estate Act

Re-appellant

Re-appellant

Judgment of the lower court

Seoul Civil District Court Decision 67Ra567 delivered on August 26, 1967

Text

The reappeal is dismissed.

Reasons

Judgment on the grounds for reappeal

In the original decision, the Re-Appellant filed a claim for the cancellation of ownership transfer registration due to invalidity of cause such as invalidity against the owner of the real estate at auction in this case and filed a claim for the cancellation of ownership transfer registration due to the prior notice registration, and it is just that the Re-Appellant did not constitute an interested party under Article 30(3) of the Auction Act, and the argument is groundless.

It is so decided as per Disposition by the assent of all participating judges.

Justices of the Supreme Court Dog-gu (Presiding Judge) Dog-Jak and Mag-gu Mag-gu

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심급 사건
-서울민사지방법원 1967.8.26.선고 67라567
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