Whether one of the co-inheritors can become a successful bidder in a formal auction for division of inherited property.

In the formal auction for the division of inherited property, one co-inheritors, in the form of a judgment ordering an auction, may apply for auction either as a creditor or as a debtor, and even if a co-owner has a share in the subject matter as a co-owner, he may become a successful bidder in the auction procedure for the subject matter.

Article 633 of the Civil Procedure Act, Article 33 of the Auction Act

Appellant

Seoul Central District Court (Law No. 82Ra2483 delivered on July 10, 1984, Supreme Court Decision 82Ra2483)

The appeal is dismissed.

1. According to the records of this case, on December 23, 1982, the appellant and two other parties filed an application with the respondent on December 23, 1982, the Seoul Family Court 82D (number omitted) executory exemplification of the judgment, and the respondent filed an application for an auction for division of the inherited property in the attached list 1, which is the deceased non-appeal 1. However, on April 27, 1984, the party members notified that they filed an application for auction of each of the real property recorded in the attached list on the date of auction 113, which was implemented on April 10, 1984, the court below excluded the above non-appeal 1 and 2 from the above auction 3, non-appeal 1, non-appellant 3, non-appellant 3, and one non-appellant 1, the owner of the above original copy of the judgment, and the above non-appellant 2, as to each of the above real property which was recorded in the attached list 2, the court below excluded the above request for auction.

2. As the reason for the appeal of this case, the appellant is not entitled to the auction for the purpose of acquiring ownership among the co-owners of each of the real estate of this case. Thus, even if the above co-owner of the above co-ownership of the above real estate excluded the auction from the auction application on the ground that he is the debtor, the above co-owners of the above co-owners of the above real estate of this case, the auction procedure conducted by the above co-owners of the above co-owners should be justified, and therefore, the auction procedure conducted by the above co-owners of the above co-owners should be

3. In the formal auction for the division of inherited property, one co-inheritors, who is co-inheritors, can request an auction among creditors in the form of a judgment ordering an auction, or between the co-inheritors, regardless of whether they are creditors or debt, and even if they have a co-owners' right to share in the object as one of the co-inheritors, they can become successful bidders in the auction procedure of the object. In the auction procedure of this case, the non-applicant 1, among co-inheritors of each of the above real property, deprived of the applicant's qualification to become successful bidders for the reason that he is the debtor on the original copy of the judgment, and excluded the auction of this case from the auction procedure, and the above auction of this case's measures are unlawful, so the auction of each of the above real property against non-party 2 and non-applicant 2 and the non-applicant 2 should be rejected. Accordingly, the original decision is justified and without any justifiable reason, the appeal against this decision is dismissed. It is so decided as per Disposition.

Judges interest-oriented (Presiding Judge)