Special appeal against the decision to grant a successful bid in the procedure of compulsory auction (negative)

A decision to grant a successful bid in the procedure for compulsory auction may be filed by interested parties pursuant to the provisions of Article 641 (2) of the same Act, so it shall not be subject to a special appeal, as it does not correspond to a decision for which no appeal may be filed.

Articles 420, 641(2) of the Civil Procedure Act

Supreme Court Order 83Na12 Dated July 13, 1983

Kim Go-ro

Gwangju District Court Order 89 Tagi5154 dated January 25, 1990

The special appeal shall be dismissed.

On the other hand, the special appeal stipulated in Article 420 of the Civil Procedure Act can raise an objection against a ruling or order that is not allowed to file an objection, and the interested parties can file an immediate appeal in accordance with Article 641 (2) of the same Act with respect to the decision of permission of auction in the procedure of compulsory auction. Thus, the decision of permission of auction does not correspond to the decision that does not allow an objection, and thus, it cannot be a subject of a special appeal.

According to the records, the special appellant filed a special appeal of this case without filing an immediate appeal against the decision of permission for auction by compulsory auction of this case. This is unlawful and thus it cannot be exempted from rejection. Therefore, it is so decided as per Disposition by the assent of all participating Justices.

Justices Lee Chang-chul (Presiding Justice)