Where a document under Article 510 of the Civil Procedure Act is submitted before the payment of the successful bid price in the procedure for compulsory auction, whether to suspend or revoke the auction procedure.

Under the amended Civil Procedure Act (amended by Act No. 4201, Jan. 13, 1990), a successful bidder shall acquire ownership of the real estate at the time of full payment of the successful bid price, as in the case of voluntary auction under the amended Civil Procedure Act (amended by Act No. 4201, Jan. 13, 1990). Thus, even after the decision of approval of a successful bid in the procedure for compulsory auction, where the original copy of the decision ordering a temporary suspension of the auction procedure, which is a document under Article 510 subparagraph 2 of the same Act, has been submitted until the successful bidder pays the successful bid price, the auction court shall suspend the progress of the auction procedure, and where an authenticated copy of the judgment with executory power to the effect that the compulsory execution,

Articles 510, 511, and 646-2 of the Civil Procedure Act; Article 146-3 of the Rules of Civil Procedure

[Plaintiff-Appellant] Plaintiff 1 and 1 other (Law Firm Gyeong, Attorneys Park Jae-soo et al., Counsel for plaintiff-appellant)

Re-appellant

Busan District Court Order 93Ra160 dated October 25, 1993

The reappeal is dismissed.

The grounds of reappeal are examined.

1. Under the revised Civil Procedure Act (amended by Act No. 4201 of Jan. 13, 1990), a successful bidder acquires ownership to an auction real estate when he pays the auction price in full (Article 646-2). Thus, in case where an original copy of the decision ordering a temporary suspension of the auction procedure in writing under Article 510 subparagraph 2 of the same Act has been submitted before the successful bidder pays the auction price, the auction court shall suspend the progress of the auction procedure, and in case where an original copy of the decision ordering a temporary suspension of the auction procedure in writing under Article 510 subparagraph 1 of the same Article has been submitted, the execution disposition already conducted should be revoked (Article 511 (1) of the same Act). In such case, with respect to the decision to revoke the auction decision by the auction court, an immediate appeal is not allowed under Article 511 (2) of the same Act.

2. According to the records, the auction court made a decision to grant a successful bid to the Re-Appellant by proceeding with the compulsory auction procedure of this case, but on April 9, 1993, before the Re-Appellant paid the successful bid price, when the decision to suspend compulsory execution of this case was submitted to the auction court on April 9, 1993 that the compulsory execution of this case is suspended until the pronouncement of judgment in the claim objection case No. 93Gahap1397, Busan District Court Branch Branch Branch of the Busan District Court, the auction court suspended the auction procedure. In the above objection case, when the debtor won in the above claim objection case and the final confirmation certificate certificate was submitted to the auction court, the auction court made a decision to revoke the decision to revoke the auction decision already made by the auction court on the ground that the document under Article 510 subparagraph 1 of the same Act was submitted, and it is not erroneous in the court's protocol revoking the decision to revoke the auction decision, and it is not possible to file an immediate appeal against the decision to revoke the auction decision.

Therefore, there is no reason to discuss.

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

Justices Kim Jong-soo (Presiding Justice)