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(영문) 대법원 1960. 9. 15. 선고 4293민재항221 판결
[부동산임의경매경락허가결정에대한재항고][집8민,142]
Main Issues

Auction procedure by means of a report on real estate appraisal with no seal of other office and no seal of such office, other than a master master;

Summary of Judgment

The auction procedure conducted on the premise that the above public notice is illegal after the evaluation of the auction real estate by another office other than the receiving order, and the notice of the minimum auction price by the evaluation report without seal and delivery, which is not the receiving order, is made by the evaluation report without delivery.

[Reference Provisions]

Articles 615 and 618 of the Civil Procedure Act

Re-appellant

Kim Jong-bong

The court below

Seoul High Court

Reasons

Article 615 of the Civil Procedure Act (Article 655 of the former Civil Procedure Act), which is applicable mutatis mutandis under the Auction Act, provides that the court shall evaluate the real estate at the minimum auction price after being notified by the registered public official and the public office in charge of taxes or other public offices, and shall enter the minimum auction price in the public notice of the auction date pursuant to Article 618 of the former Civil Procedure Act (Article 658 of the former Civil Procedure Act). This means that the person with knowledge and experience in the price of the real estate shall appraise the real estate at the minimum auction price so that if possible, the court shall sell the real estate at a higher price at the minimum auction price and shall promote the benefit of the debtor and the creditor who shall receive the auction price, and according to the records of this case, the court of execution shall issue an appraisal of the real estate at the minimum auction price on November 18, 1959, but shall not issue an appraisal order at the minimum auction price and shall not issue an appraisal report at the auction price under the name of the Seoul District Court, which shall not issue the minimum appraisal price at the auction price.

Justices Go Jae-ho (Presiding Justice)

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