Special appeal against the decision of approval of a successful bid (negative)

An immediate appeal may be filed pursuant to the provisions of Article 641(1) of the Civil Procedure Act, which is applied mutatis mutandis by Article 33(2) of the Auction Act, with respect to the decision of permission of a successful bid. Thus, it shall not be subject to a special appeal because it does not constitute a decision not to file an appeal under Article 420 of the

Articles 420, 641(1), and 642 of the Civil Procedure Act; Article 33(2) of the Auction Act

Supreme Court Order 83Na12 Dated July 13, 1983 83Na26 Dated May 23, 1984 (Dong)

Special Appellants

Busan District Court Order 83ta753 Dated February 28, 1984

The special appeal shall be dismissed.

The special appeal stipulated in Article 420 of the Civil Procedure Act can only be filed against a ruling or order that is not entitled to appeal, and an immediate appeal may be filed in accordance with Article 641(1) of the Civil Procedure Act, which applies mutatis mutandis under Article 33(2) of the Auction Act. Thus, the special appeal of this case is illegal as it is subject to a decision that can file an appeal, and the special appeal of this case is filed against the special appeal of this case, and it is not possible to correct the defects since the special appeal of this case is unlawful as it is filed against the special appeal of this case, and it is not possible to correct the defects. Thus, the special appeal of this case is dismissed in accordance with Articles 421, 395, and 383 of the Civil Procedure Act. It is so decided as per Disposition by the assent of all participating Justices.

Justices O Sung-hwan (Presiding Justice)