Cases where there is an error of law by misunderstanding the legal principles on the effect of the final decision to grant a successful bid in compulsory auction

In the compulsory auction, the ownership of the auction real estate shall be transferred to the successful bidder when the decision of permission of auction has become final and conclusive under the condition that the successful bidder fails to pay the auction price on the date of payment of auction price.

Article 187 of the Civil Act, Article 647 of the Civil Procedure Act

November 14, 1967 Order 66Ma1061 Decided April 28, 1965

Plaintiff

Defendant 1 and two others

Intervenor of a Party

Daegu High Court Decision 64Na421, 422 delivered on March 24, 1965

The original judgment (excluding partial exclusion from the plaintiff's loss) is reversed, and

The case shall be remanded to the Daegu High Court.

The second ground of appeal by the intervenor of an independent party to the case is examined;

According to the original judgment, the court below held that the defendant et al. applied for compulsory auction on the part of the plaintiff's main real estate under the name of executory obligation against the plaintiff, and that the independent party (here.g., the intervenor) is still holding the auction on December 27, 1962, the highest price of this real estate is 405,00 won on the auction date, and the auction court has decided to grant the auction and the appeal against this decision is dismissed, but the decision to grant the auction becomes final and conclusive (the fixed date is 1963, Sep. 25, 1963) because the above auction court did not affect the auction price of the plaintiff's 6th auction price, and the plaintiff has no effect on the auction price of the plaintiff's 16th auction price on the condition that the auction price of this case shall be paid on the date determined by the court of auction, and thus, the auction price of this case shall not be paid on the premise that the plaintiff would not have any effect on the auction price of this case.

Therefore, the case is remanded to the Daegu High Court which is the original judgment. It is so decided as per Disposition by all participating judges.

Supreme Court Judge Madung (Presiding Judge) Kim Gung-bun and Madlebro