(a) Even if the successful bidder has presented to the auction court a waiver of the right and duty of the successful bidder by agreement with the debtor before the date of the payment of the price for the light price, and submitted to the auction court a written waiver that the successful bidder would not pay the price on the date, that alone does not mean that he has lost the right and duty to pay the price for the light

B. The rights and duties of the successful bidder may not be waived by an unilateral declaration of intent, which may arise as a result of the decision to grant a warning.

A. Even if the successful bidder had presented to the auction court a written waiver of the successful bidder's right and duty before the payment date of the successful bid price, and presented it to the auction court, that the successful bidder would waive the right and duty of the successful bid price and not pay the successful bid price on the date of payment, it cannot be said that the successful bidder has lost his right and duty to pay the

B. The rights and duties of the successful bidder may not be waived by unilateral declaration of intention, which may arise as a result of a final decision of permission of auction.

Article 3 of the Auction Act

Korea Coal Industry Corporation

Gwangju District Court Order 70Ra48 delivered on February 26, 1971, Decision 70Ra48 delivered on February 26, 1971

The reappeal is dismissed.

The grounds for re-appeal by the re-appeal agent are health;

According to Article 648 of the Civil Procedure Act which applies mutatis mutandis under Article 33 of the Auction Act, even if the successful bidder fails to pay the auction price on the date of payment of the auction price, and even if the auction court issues an order for re-auction of the auction real estate ex officio, the auction court shall cancel the auction procedure by adding interest on the auction price three days before the re-auction date, and if the auction price is paid after adding the interest on arrears and the auction cost. Therefore, if this is deferred, such as the successful bidder in this case, the auction court submitted to the auction court a letter of waiver that the successful bidder would waive the rights and obligations of the successful bidder and would not pay the auction price on the date of payment of the auction price, it cannot be said that the successful bidder loses the obligation to pay the auction price on the date of payment, and therefore, if the decision of approval of the auction becomes final and conclusive, it cannot be viewed that the decision of the auction price is invalid as a series of the parties concerned under the Civil Procedure Act, and thus, it cannot be viewed that the decision of the court below is invalid.

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