logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 1980. 9. 16.자 80마413 결정
[부동산경락허가결정에대한재항고][집28(3)민,82;공1980.11.1.(643),13171]
Main Issues

Reporting of rights by interested parties and notification of auction dates;

Summary of Decision

Even if an interested party reported a right before the auction date, if the auction court has already completed the procedure of public announcement of the auction date and notification to the interested party, it is not erroneous because the auction court did not notify the interested party of the auction date.

[Reference Provisions]

Article 607 of the Civil Procedure Act, Article 9 of the Auction Act

Re-appellant

Re-appellant

United States of America

Daejeon District Court Order 80Ra91 dated August 5, 1980

Text

The reappeal is dismissed.

Reasons

The grounds for reappeal are examined.

In this case where it is not possible to find that there was an error in the appraisal and appraisal procedure of the real estate, even if the record was prepared, the reason that the successful bid price of the real estate in this case is lower than the market price is not against the public order and good morals under social norms, such as the theory of lawsuit. Even in the case of interested parties who transferred the right before the auction date, it was after the public notice of the auction date and the notice of the auction date to interested parties. Therefore, the auction court's failure to notify the auction date, and thus, it cannot be deemed unlawful. Therefore, all arguments are without merit.

Therefore, the reappeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices.

Justices Han-jin (Presiding Justice)

arrow