The repayment of debts before the completion of the auction procedure and reasons for objection

When a decision of permission of auction becomes final and conclusive in compulsory auction, the successful bidder acquires the ownership of the auction real estate under the condition that the successful bidder will not pay the price at the date of the payment of the auction price, and even if the obligation is repaid thereafter, this does not affect the rights of the successful bidder, and there is no reason to refuse the auction procedure after cancelling the decision of commencement of auction or the decision of permission of auction.

Article 640 of the Civil Procedure Act

65Ma141 decided Apr. 28, 1965 (Supreme Court Decision 7830 decided Apr. 28, 1965; Supreme Court Decision 640(3)1079 of the Civil Procedure Act)

Plaintiff

Defendant 1 and two others

An intervenor;

Busan District Court Msan Branch Court (64Ga259,281)

Supreme Court Decision 65Da744,745 Decided February 20, 1968

The appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

The judgment of the court below shall be revoked.

With respect to the 17th and 8th and 16th and 4th of forest land, which is the same as the 17th and 17th and the same (number 2 omitted) forest land in Seongdong-gu Seoul Metropolitan Government, the decision to commence compulsory sale of real estate and to grant permission for auction based on the original copy of the judgment No. 148 of the 61st and Masan District Court Decision No. 62 another 1689 shall be revoked and the procedure for compulsory sale shall

The request of the Defendants for a compulsory auction shall be dismissed.

All the costs of lawsuit shall be borne by the defendants and the intervenors of the parties.

The above real estate is confirmed to be owned by the parties' intervenors.

Litigation costs shall be borne by the plaintiff and the defendant.

According to the Seoul Civil District Court's purport of the plaintiff's claim, as stated in the plaintiff's purport of the compulsory auction, there is no dispute between the parties as to the facts of the decision to commence the above compulsory auction as stated in the plaintiff's purport, and considering all the purport of the parties' pleadings stated in the certificate Nos. 1 and 3 (deposit and Request for Payment of Auction Price), the intervenor in the above auction is awarded a successful bid, and Seoul Civil District Court's objection becomes final and conclusive by making the decision to grant the successful bid price in order to acquire the ownership of the property at a wrong compulsory auction, the plaintiff shall pay the successful bid price after the decision to grant the successful bid price, and the bid price shall be paid to the court on the date determined by the auction court, even if it is not effective, since the plaintiff's claim for the above compulsory auction price becomes void if the debtor pays the property by the date of payment of the auction price, and thus, it cannot be said that the plaintiff's claim for payment of auction price becomes final and conclusive by the auction court prior to the date of payment of auction price.

Therefore, it is decided as per Disposition by applying Articles 384 and 89 of the Civil Procedure Act.

Judges Kim Tae-tae (Presiding Judge)