After a decision of permission of auction has become final and conclusive with respect to the compulsory auction of immovables, the repayment of debts prior to the completion of the auction procedure shall not raise

In the compulsory auction of immovables, the successful bidder shall acquire the ownership of the auction real estate under the condition of rescission that he will not pay the successful bid price on the payment date, and the time of acquisition of ownership shall be the same as the decision of permission of successful bid becomes final and conclusive. Therefore, even if there was a repayment prior to the completion of the auction procedure after the decision of permission of successful bid becomes final and conclusive, he cannot raise an objection against the decision of commencement

Article 28 of the Auction Act, Article 641 of the Civil Procedure Act, Article 414 of the Civil Procedure Act

Re-appellant

Seoul Civil History District Court Decision 65Ra399 delivered on November 22, 1965

I reverse the original decision.

The decision of the first instance shall be revoked and the objection shall be dismissed.

ex officio scamba,

The successful bidder in a compulsory auction shall acquire the ownership of the auction real estate under the condition that the successful bidder will not pay the auction price on the date of payment. Since the time of acquisition of ownership is the same as the final and conclusive decision of the successful bidder (Supreme Court Order 69Da95 delivered on March 25, 1969, Supreme Court Order 67Ma1061 delivered on November 14, 1967), if the decision of the successful bidder becomes final and conclusive, the successful bidder cannot raise an objection against the decision of the commencement of auction on the ground that he has paid the auction price, and the status of the successful bidder is final and conclusive (see Supreme Court Order 65Ma141 delivered on April 28, 1965). Thus, the successful bidder's appeal against the decision of the successful bidder is dismissed on the ground that the decision of the successful bidder's decision of the dismissal becomes final and conclusive on the ground that the decision of the successful bidder's repayment becomes final and conclusive on the ground that the decision of the successful bidder's decision of dismissal becomes final and conclusive on the auction price's status.

Therefore, it is decided as per Disposition by the assent of all participating Justices.

Supreme Court Judge Yang Byung-ho (Presiding Judge)