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(영문) 대법원 1980. 4. 25.자 80마148 결정
[부동산경락허가결정에대한재항고][공1980.6.15.(634),12812]
Main Issues

Reasons for appeal against the public notice of lease relationship and decision to grant a successful bid;

Summary of Decision

Even if an auction is conducted on the ground that a lease contract has not been concluded in spite of the existence of a real estate for the purpose of auction, the owner of the real estate at the same time who is the debtor cannot serve as the ground for appeal against the decision of permission of auction on the ground as above

[Reference Provisions]

Article 618 of the Civil Procedure Act

Reference Cases

Supreme Court Order 4292 civilian ports249 Dated December 21, 1959

Re-appellant

Re-appellant

United States of America

Gwangju District Court Order 80Ra8 dated February 22, 1980

Text

The reappeal is dismissed.

Reasons

The Re-Appellant's ground for reappeal is examined.

The Re-Appellant's registration record card and confirmation document submitted to the court below as a supplementary document for appeal cannot be concluded that the report of the real estate lease investigation of this case, which was prepared by the court of auction, was false, and even if the lease contract was entered into in the real estate for auction purpose of this case, such lease contract was not entered into, the Re-Appellant who is the owner of this real estate at the same time as the debtor cannot be viewed as the grounds for appeal against the decision of the successful bid on the ground of the above reasons (see this decision of December 21, 1959, Supreme Court Decision 4292J. 249).

Therefore, the order of the court below that dismissed the re-appellant's appeal is justifiable and it is so decided as per Disposition by the assent of all participating judges.

Justices Dra-ro (Presiding Justice)

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