In an auction procedure for a loan in arrears by a financial institution, where an appeal is filed against a decision of permission of a successful bid without attaching a certificate of deposit, the deficiency shall not be deemed to belong to the case where it is impossible to correct it, and even if the appeal petition which is the matters ordered by the presiding judge was dismissed by the full bench, it shall not affect the result.

If an appeal has been filed against the decision on permission for the omission without attaching the certificate of deposit pursuant to this Article, it shall not be deemed that the defect falls under the case where it is impossible to correct it. Therefore, it is reasonable to issue an order to dismiss the written appeal if the presiding judge of the appellate court determines the defect for a considerable period according to the difference between the contents and amount of the case and orders to correct the defect, and if he does not comply with it, it is reasonable to issue

Article 231 of the Civil Procedure Act

July 30, 1970 70Ma362

Re-appellant

Seoul High Court Decision 70Ra769 delivered on December 24, 1970, Seoul High Court Decision 70Ra769 delivered on December 24, 1970

The reappeal is dismissed.

According to the records, the court below ordered the re-appellant to deposit KRW 1,920,00 equivalent to 3/10 of the successful bid price under Article 5 (2) and Article 4 of the Enforcement Decree of the Act on Special Measures for Loans in Arrears at Financial Institutions, and dismissed the appeal on the ground that the non-performance of the order is not made within the prescribed period. According to Article 4 of the Enforcement Decree of the Act on Special Measures for Loans in Arrears at Financial Institutions, a person who intends to file an appeal on the decision of permission of a successful bid in the auction procedure for a financial institution's overdue loan shall attach documents proving that the deposit under Article 5-2 of the same Act is made without attaching a certificate of deposit. Thus, if an appeal is filed on the decision of permission of a successful bid without attaching a certificate of deposit, it cannot be viewed that the defect belongs to a case where the document attached to the petition of appeal cannot be corrected for a reasonable period of time, and therefore, it is reasonable to determine the rejection of the decision of the court below's rejection without submitting an order of 70 days correction or correction.

Therefore, the reappeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices of the Supreme Court (Presiding Judge) Park Jae-dong (Presiding Judge)