In the procedure for compulsory auction of real estate, notification to interested parties of the auction date is not mandatory.

In the procedure for compulsory auction of real estate, notification to interested parties of the auction date is not mandatory.

Article 617 of the Civil Procedure Act

Re-appellant

Daejeon District Court Decision 71Ra35 delivered on May 14, 1971

The reappeal is dismissed.

The re-appellant's ground of re-appeal is examined as follows:

In the compulsory auction for real estate, Article 617 of the Civil Procedure Act provides that the date of auction and the date of auction shall be publicly notified to the interested parties as stipulated in Article 30 of the Auction Act, and since there is no provision that the interested parties be notified of the date of auction as to the compulsory auction, it is not mandatory to notify the interested parties. According to Articles 638 and 640 of the Civil Procedure Act, the decision of auction permission should be announced and the decision should be publicly notified on the bulletin board of the court, and since there is no provision that the interested parties should be notified, the compulsory auction for this case does not constitute an unlawful act even if the auction court did not notify the re-appellant of the date of auction, which is the interested parties, even if the auction court did not notify of the date of auction. The reason that the auction price is lower than the market price is not a legitimate ground of re-appeal.

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

Judge Do-dong (Presiding Judge) of the Supreme Court