Where a successful bidder who has failed to pay the successful bid price applies for re-auction, whether the successful bidder shall refuse the auction ex officio.

Since the successful bidder who has failed to pay the successful bid price cannot participate in the re-auction, the application for re-auction made by the successful bidder is a reason for objection to the permission of the successful bid and thus the ex officio decision is not granted.

Articles 648(5), 633 subparag. 2, and 635(2) of the Civil Procedure Act

Han Il Industrial Co., Ltd., Ltd., Counsel for the defendant-appellee

Chuncheon District Court Order 78Ra15 Dated June 8, 788

The original decision is reversed, and the case is remanded to Chuncheon District Court Panel Division.

On December 23, 207, the appellant of this case, ex officio, can be recognized as the fact that the successful bidder becomes the highest bidder on May 30, 208 and again becomes the successful bidder in the re-auction conducted by the non-appellant on December 23, 207, by failing to perform his/her duty on the date of payment.

However, according to Article 648(5) of the Civil Procedure Act, the successful bidder who fails to pay the successful bid price is prohibited from participating in the re-auction, and in the re-auction, the application for auction filed by such successful bidder constitutes grounds for objection under Article 633(2) of the same Act. Thus, the court below is so decided as per Disposition by the assent of all participating Justices on the ground that the decision of the court below is not unlawful since the highest price which is defective due to the failure of official authority pursuant to Article 635(2) of the same Act should be prevented from permitting the auction of the auctioneer, and thus, the decision of the court below is just and acceptable.

Justices Kang Jeong-hee (Presiding Justice)