In the compulsory auction, in case where the original copy of a protocol of recognition and acceptance of a lawsuit of objection has been submitted after a decision on permission for auction has been rendered, the decision on permission for auction shall become effective

After the decision of approval of a successful bid in the procedure of a compulsory auction of real estate, the documents prescribed in Article 510 of the Civil Procedure Act (the original copy of the protocol of recognition of a lawsuit) are submitted to the court of execution after the decision of approval of a successful bid in the procedure of compulsory auction of real estate can not be a ground

Articles 510 and 641 of the Civil Procedure Act

Supreme Court Order 80Ma96 Dated January 19, 1981 dated Dec. 19, 1978 81Ma183 Dated Dec. 22, 1981

F.C.

Lee Jin-cil

Daegu District Court Decision 80Na21 delivered on December 10, 1980

The part of the judgment below against the defendant shall be reversed, and that part of the case shall be remanded to the Daegu District Court Panel Division.

The plaintiff's appeal is dismissed.

The costs of the appeal by the plaintiff shall be borne by the plaintiff.

1. The defendant's grounds of appeal are examined.

A. According to Article 187 of the Civil Act, the acquisition of real right to real estate by auction requires registration of acquisition, loss, and transfer of real right by juristic act, clearly stating that the acquisition of real right to real estate by auction is not required to be registered. Therefore, if the plaintiff paid in full the price by auction of 150-1 and 1 and 22-2-2-2-2 of the appraisal business place at the Seo-dong, Seo-dong, Seo-dong, Seo-si, and Gak-si, the plaintiff acquired ownership without the registration of acquisition, and there is no room to open the theory of double registration (see Supreme Court Decision 73Da128 delivered on July 26, 1974). Thus, the judgment of the court below is just and it cannot be said that there is a misapprehension of the legal principle as to the theory of lawsuit. Even if the documents of Article 510 of the Civil Procedure Act were submitted after the decision of permission of auction in the auction procedure for real estate, it cannot be asserted that the decision of permission of auction cannot be accepted after the successful bid price.

B. According to the records, the stores and rooms connected the above 1,2, 3, 4, 5, 6, and 1 points in order with the attached drawings attached to the original 1,2, 3, 4, 5, 6, and 1 points under the defendant's possession are one copy of the building owned by the defendant's wife Kimyang-ok located on the 149 page of the above 149 unit, and the plaintiff alleged that the above part is not part of the building which was adjudicated (the defendant's preparatory documents stated at the court below's holding on October 8, 1980) and the result of the verification and appraisal conducted by the first instance court, which was conducted by the first instance court, are connected to the above 150-1 unit building, but it is obvious that it is located on the same 149 ground, so the court below's decision that the plaintiff occupied the above part of the building which was adjudicated by the plaintiff is not a dispute between the parties, and it is therefore justified in this regard.

2. Although the Plaintiff filed a lawful appeal, the Plaintiff did not submit the appellate brief within the prescribed period and did not state the grounds of appeal in the petition of appeal. The Plaintiff submitted a written response to the Defendant’s grounds of appeal after the expiration of the period for submitting the appellate brief and presented the grounds of appeal, but it cannot be deemed as the submission of legitimate grounds of appeal. For the above reasons, the part of the judgment below’s failure is reversed and remanded by the Defendant’s appeal, and the Plaintiff’s appeal is dismissed by virtue of Article 399 of the Civil Procedure Act and the costs of the appeal are assessed against the losing

Justices Jeon Soo-hee (Presiding Justice)