A. The judgment on the validity of the decision to grant the successful bid where the successful bid price is below the minimum auction price under Article 615 of the Civil Procedure Act

(b) Reduction of the minimum auction price under Article 631(1) of the Civil Procedure Act, agreement of the interested parties, and special sale conditions under Article 640(1) of the same Act

Even though there was a deviation from the judgment on the assertion that the decision of permission of auction is invalid because the successful bid price is below the minimum auction price, since there was a reduction of the minimum auction price, it is not affected as a result, and there is no agreement between interested parties in reducing the minimum auction price, and the reduction of the above price does not fall under the so-called special sale condition of Article 640 of this Act, so it is not necessary to enter the decision of permission

Article 615 of the Civil Procedure Act; Article 631(1) of the Civil Procedure Act; Article 640(1) of the Civil Procedure Act

forest rubber Industrial Company

Seoul High Court Decision 59Do516 delivered on September 22, 1960

On the first issue, since the original decision is based on the appraisal price at issue is less than 7,2560,000 won, the appraisal price at issue is less than 7,2560,000 won, it may be recognized that the decision of permission of a successful bid cannot be recognized. However, according to the records, the auction price was not reported on August 6, 4292 and September 7, 4292. Therefore, the court of execution can reverse the fact that the lowest price was reduced by 50,792,000 won due to the fact that the court of execution did not have any influence on the original decision.

Article 631 of the Civil Procedure Act, which applies mutatis mutandis under the Civil Act and the Act on Temporary Measures for the Enforcement of the Civil Procedure, does not require the agreement of interested parties to reduce the minimum price, and it can be recognized that the court of execution publicly announced the reduced minimum auction price according to the public notice of the auction date (196 to 200) by the court of execution as of November 16, 4292. The next reduction of the minimum auction price does not fall under the so-called special sale conditions under Article 640 of the Civil Procedure Act, which is applicable mutatis mutandis under the Auction Act. Therefore, it is not necessary to enter the difference in the decision of permission for the successful bid. Finally, according to the public notice of the auction date by the court of execution, it is not possible to find that the legal particulars were prepared and the legal matters such

Justices Go Jae-ho (Presiding Judge)