Whether the appellant may be an interested party in cases where the appellant submits a written appeal at the appellate court which is not the executing court and the copy of the registration of ownership transfer is submitted under his/her name.

After a request for auction has been registered, the person who acquired the right to the target real estate becomes an interested party in the auction procedure to register the fact and to prove the fact to the court of execution. Thus, if the re-appellant submits a written appeal to the appellate court which is not the court of execution, a copy of the register to the effect that the registration of ownership transfer has been made

Article 607 of the Civil Procedure Act

Attorney Ba-won et al., Counsel for social welfare foundation

Seoul Central District Court Order 79Na263 Dated March 7, 1980

The order of the court below is reversed.

This appeal shall be dismissed.

ex officio scamba,

After the registration of a request for auction, the person who acquired the right to the real estate in question (the third party acquisitor) is an interested party in the auction procedure to prove the fact by himself to the court of execution, and the third party purchaser who does not so cannot be deemed an interested party. According to the records, the registration of request for auction of this case was completed on August 25, 1979, and the debtor and owner at the time of the filing of the appeal at the court of appeal which was not the court of execution, and it is obvious that the re-appellant submitted a copy of the register to the effect that the registration of transfer of ownership was made in the name of the appellant as to the real estate for this case, while submitting the appeal at the court of appeal which was not the court of execution, and it is obvious that the re-appellant has submitted

Therefore, the appellate court, the appellate court, should have dismissed the appeal of the re-appellant, who is not an interested person, from a person who is not eligible to be the appellant, and on the ground that the defects are not correct, the appellate court did not reach this point, and it is groundless that the appellant's decision to approve an interested person is unreasonable, and the appellate court dismissed the appeal and committed an unlawful act. Thus, the appellate court's decision cannot avoid reversal.

Therefore, the order of the court below shall be reversed, and this case shall be sufficient to be tried by the above facts, and the members shall be decided as follows.

The appellant's appeal cannot be regarded as an interested party who can file a complaint against the decision of permission of a successful bid as stated above. Thus, the appellant's appeal cannot be dismissed as unlawful.

Therefore, it is decided as per Disposition by the assent of all participating Justices.

Justices Presiding Justice (Presiding Justice)