Whether there is a ground for re-appeal that the service of the notice of auction date is unlawful or the bid price is in contravention of the public order and good morals or order because it is low.

A reappeal against a decision by an appellate court under Article 13 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings may be instituted only on the ground that there is a reason falling under Article 11 (1) of the same Act. Thus, the notice of auction date was erroneously served, or the reason that the auction price is in violation of public order and good customs by gathering the bid price in comparison with the market price is not a legitimate ground for reappeal as it does not fall under any of the above provisions.

Article 13 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings and Article 11(1) of the Act

Re-appellant

Seoul Central District Court Order 87Ra577 Dated August 27, 1987

The reappeal is dismissed.

A reappeal against the decision of the court of appeal under Article 13 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings may be filed only on the ground that there is a reason falling under Article 11 (1) of the same Act, and there is no legitimate ground for reappeal as it does not fall under any of the above provisions, since the notice of auction date alleged by the re-appellant was wrong, or the reasons that the auction price is low in comparison with the market price and thus is in violation of public order and good morals.

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

Justices Park Jong-dong (Presiding Justice)