The public notice of the auction date stating the public imposts investigated by the collection and delivery of the land among the objects of auction is unlawful.

The public announcement of the auction date stating the public imposts investigated by the collection and delivery of the land among the objects of auction is unlawful.

Article 602 of the Civil Procedure Act, Article 618 of the Civil Procedure Act, Article 24 of the Auction Act, Article 31 of the Auction Act

Notice 69Ma1303 dated February 24, 1970

Re-appellant

Seoul Civil District Court Decision 70Ra57 delivered on March 9, 1970

The decision of the court below is reversed, and the case is remanded to Seoul Civil Procedure District Court Panel Division.

The reasons for re-appeal shall be the Health Unit;

According to Article 602 (2) and (3) of the Civil Procedure Act, since only public charges imposed on land among the objects of auction shall not be inspected, if it is stated in the public notice of auction date in the public notice of auction date on the land which was investigated by Calalalalalalalian in the public notice of auction date, the public notice shall not be deemed a lawful one satisfying the requirements under Article 618 of the Civil Procedure Act (see Supreme Court Order 69Ma1303, Feb. 24, 1970). Article 602 (2) and (3) and Article 618 of the Civil Procedure Act shall apply mutatis mutandis respectively under Articles 24 (4) and 31 (2) of the Auction Act. Thus, it is unreasonable for the court below to hold that the auction court erred in the misapprehensioning this, notwithstanding the fact that it was improper for the court below to issue the public notice of auction date by stating the land among the objects of auction as 120 won of the public charges investigated.

Therefore, this decision is delivered with the assent of all participating judges.

Supreme Court Judges Kim Young-chul (Presiding Judge) (Presiding Justice) Mag-gim Kim, Kim Jong-dae and Yang-Namng