Whether the assertion that the amount of the claim is greater than the actual amount of the claim can be a ground for objection to the decision of permission of auction.

When the amount of the claim is more than the actual amount of the claim in the voluntary auction, it can only be subject to the dividend procedure, but it can not be a ground for objection to the decision of permission of auction.

Article 33 of the Auction Act, Article 642(2) of the Civil Procedure Act

Re-appellant

Daejeon District Court Order 80Ra20 Decided March 27, 1980

The reappeal is dismissed.

The grounds for reappeal are examined.

The assertion that there is no illegality in the appraisal procedure of the object of auction, and that the successful bid price is less than the market price, cannot be a ground for objection to the decision of permission of auction, and if the amount of the claim is more than the actual amount of the claim in a voluntary auction, it cannot be a ground for objection to the decision of permission of auction, but it cannot be a ground for objection to the decision of permission of auction, and all of the arguments are without merit. It is so decided as per Disposition by the assent of all participating Justices.

Justices Kim Yong-chul (Presiding Justice)