The Act on Special Measures for Loans in Arrears by Financial Institutions is in the enforcement of the Act, but the Enforcement Decree of the Act has not yet been promulgated, and the Act has been enforced after the enforcement of the Act, so long as the Re-Appellant has received an order of correction pursuant to Article 5-2 of the Act, the deposit procedure shall take place.

Even if an appeal is filed while only this Act has been promulgated and the Enforcement Decree of this Act has yet to be promulgated and promulgated, if the enforcement decree has been promulgated and enforced later, and the Re-Appellant has received an order of correction pursuant to this Article, the deposit of the security shall be made.

Article 5-2 of the Act on Special Measures for Loans in Arrears by Financial Institutions

Re-appellant

Seoul Civil History District Court Decision 70Ra129 delivered on May 18, 1970

The reappeal is dismissed.

The Re-Appellant's grounds of re-claim are examined.

In the auction procedure for overdue loans, a person who intends to file an appeal against the decision of permission of a successful bid shall deposit cash equivalent to 10/3 of the successful bid price or cashier's checks issued by financial institutions and securities prescribed by Presidential Decree as collateral. Since Article 5-2 of the Act on Special Measures for Loans in Arrears by Financial Institutions provides that the person who intends to file an appeal against the decision of permission of a successful bid price shall deposit the above security in the case of this case for which an appeal is filed in February 5, 1970, and even if the order of the presiding judge of the court below ordering the above deposit was issued in accordance with Presidential Decree No. 469 of March 4, 1970 after the enforcement of the above Presidential Decree, the order of correction of the court below's order of correction which issued the above deposit is unlawful since the order of correction and the order of correction were not complied with. Even if the appeal was made before the enactment of the above public collateral, the order of correction of the appeal of this case is unlawful after the promulgation of the above Act.

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

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