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(영문) 대법원 1971. 5. 27.자 70마4 결정
[경매개시결정에대한이의각하결정에대한재항고][집19(2)민,079]
Main Issues

Even if there was a decision to grant a successful bid in the voluntary auction of real estate, and the date of the payment and the date of distribution have been designated, in an objection to the decision to commence the auction by interested parties, the auction court cancelled the decision to commence the auction on the day immediately before the deadline for payment of the auction price and rejected the decision to reject the request for auction, and at the same time, if the decision to suspend the auction procedure was made and the decision to dismiss the request for auction was not notified to the parties, the auction court cannot receive the decision to dismiss the auction price even if the decision to dismiss the auction was not yet notified to the parties, so the above decision to dismiss

Summary of Decision

Even if a decision to permit an auction was made in the voluntary auction of real estate and the date of the payment and the date of distribution have been designated, the auction court has cancelled the decision to commence the auction before the deadline for payment of the auction price and dismissed the request for auction due to an objection to the decision to commence the auction, and at the same time, if the decision to suspend the auction procedure was concluded by making the decision to suspend the auction price, the auction court cannot receive the bid price even if the decision was not yet notified to the parties, and each of the above decisions should include the intention that the auction court will change the deadline for payment of the auction price, and the deadline

[Reference Provisions]

Article 34 of the Auction Act

Re-appellant

Re-appellant

Judgment of the lower court

Cheongju District Court Decision 69Ra29 delivered on December 6, 1969

Text

The original decision is reversed, and

The case shall be remanded to the Cheongju District Court Panel Division.

Reasons

The grounds of re-appeal are examined,

6. On the 196th anniversary of the original decision, an appellant filed an application for auction of this case for the above 10th of August 30, 1968. On the 196th of the 196th of the 196th of the 196th of the 196th of the 196th of the 19th of the 196th of the 19th of the 196th of the 19th of the 196th of the 196th of the 196th of the 2th of the 196th of the 196th of the 2th of the 196th of the 19th of the 196th of the 2th of the 19th of the 196th of the 19th of the 196th of the 1st of the 196th of the 1st of the 196th of the 196th of the 2th of the 196th of the 196th of the 3th of the 196th of the auction.

Therefore, it is so decided as per Disposition by all participating judges in accordance with Articles 413(2) and 406(1) of the Civil Procedure Act.

Justices of the Supreme Court (Presiding Judge) Dog-Jak Kim Kim-nam Kim Young-gu

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심급 사건
-청주지방법원 1969.12.6.선고 69라29
참조조문