Whether it is likely to block the confirmation of the decision of permission of auction that has been submitted to the execution court of the decision of suspension of compulsory execution.

If the original copy of the decision to suspend compulsory execution is submitted to the court of execution, the confirmation of the decision to permit the auction is interrupted.

Gangwon National Assembly Assistants

Maritime Affairs and Fisheries.

Daegu District Court Decision 74Ra63 delivered on September 26, 1974

The reappeal is dismissed.

The Re-Appellant's grounds for re-appeal

The gist of the grounds for re-appeal is that in the compulsory auction of real estate, the successful bidder would obtain ownership of the object at the time when notice of the decision of permission of auction is given, but the decision of permission of auction is not a notification of the decision of permission of auction of real estate but a successful bidder would acquire ownership of the object on the date of payment under the condition that the successful bidder would not pay the successful bid price at the time when the decision of permission of auction becomes final and conclusive. The decision of permission of auction of this case, like the approval of the court below, recognized that the suspension of compulsory execution was excluded from the executory power of the debtor's title, which serves as the basis of the decision of commencement of auction, and thereby dismissed the appeal of re-appellant on the ground that the original decision of permission of auction was not final and conclusive by submission of the original decision of suspension of compulsory execution to the court of execution, is just and it is not possible to employ the appeal (see Supreme Court Order 74Ma456, Dec. 23, 1974).

Therefore, the reappeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices.

Justices Lee Il-young (Presiding Justice)