In the course of voluntary auction of immovables, where the debtor has repaid his obligation and thereafter the auction procedure;

When the debtor makes an effective repayment of the secured debt to the creditor while the auction procedure is in progress, and the mortgage is cancelled, the auction procedure can not proceed.

Bobrison

Seoul High Court Decision 59Do165 delivered on May 21, 1959

As a result of the execution of a mortgage, when the creditor filed a request for auction of the real estate which is the object of the mortgage and the auction procedure is in progress, the auction procedure cannot continue when the debtor repaid the secured debt to the creditor and when the mortgage is extinguished, the auction procedure can not proceed. In this case, since the Re-Appellant's repayment of the secured debt in subrogation of the debtor as the owner of the auction real estate is clear in the records, the mortgage has become extinct. Thus, although the auction procedure cannot continue, the court below erred in the misapprehension of legal principles as to the auction procedure by misapprehending the legal principles as to the auction procedure, the above ground is an objection against the suspension of the auction procedure.

Justices Byunok-ju (Presiding Justice) Dahho-hohybbal lebane