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(영문) 대법원 1986. 3. 28.자 86마70 결정
[부동산경락허가결정][공1986.7.15.(780),862]
Main Issues

Whether an original copy of the decision on commencing auction has been served on interested parties in the auction procedure

Summary of Judgment

It is not necessary to serve an original copy of the decision on commencing auction with interested parties in the auction procedure.

[Reference Provisions]

Article 603 of the Civil Procedure Act

Re-appellant

Re-appellant

The order of the court below

Seoul Central District Court Order 1986.1.7, 85Ra504

Text

The reappeal is dismissed.

Reasons

The grounds of reappeal are examined.

It is not necessary to serve the original copy of the decision on commencement of auction proceedings with interested parties, and it is not necessary to make an objection or re-appeal against the permission of auction with the grounds for the rights of other interested parties. Although the public notice on the date of auction is unlawful, it is not a notice on the bulletin board of the competent authority in the location of real estate, the public notice on the date of auction under Article 14(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings is made only by posting it on the bulletin board of the court, and it is unreasonable to set the appraisal price and the auction price too high level compared to the market price of the objects of auction. However, all of the above reasons are not legitimate grounds for re-appeal in light of the provisions of Articles 13

Therefore, the reappeal is dismissed, and it is so decided as per Disposition by the assent of all participating judges.

Justices Jeon Soo-soo (Presiding Justice)

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