Whether a lessee of the land who did not register the right of lease is an interested party entitled to file an appeal against the decision of permission for successful bid of the land (negative)

In principle, an appeal against the decision of permission for successful bid can be filed only by interested parties in the auction procedure, and the lessee of the land who fails to register the right of lease can not be considered as interested parties.

Articles 607 subparag. 4 and 641(1) of the Civil Procedure Act

[Plaintiff-Appellee] 94Ma2134 decided Jun. 5, 1995 (Gong1995Ha, 2490)

Re-appellant

Seoul District Court Order 96Ra228 dated April 4, 1996

The order of the court below is reversed, and the appeal of this case by the Re-Appellant is dismissed.

We examine whether the appeal filed by the re-appellant ex officio prior to the re-appeal of the re-appellant is legitimate.

According to the records, the court's decision to grant the successful bid to the non-party 1 and the non-party 2 on October 2, 1986 regarding the forest land of 10,810 square meters in Yangju-gun ( Address 1 omitted), the re-appellant leased the above real estate for a period of 20 years from the non-party 4, the owner of the above real estate, with the non-party 3, for a lease deposit of 150,000,000 won (lease). In addition, the above non-party 4 purchased and owned 650 gys which were in mind and owned by the above non-party 4. The auction court filed an appeal by asserting that granting the successful bid to the above real estate at the price of less than a quarter of the market price is an unfair legal act, and the court below dismissed the appeal on the ground that there is no justifiable reason.

However, in principle, an appeal against the decision of permission for successful bid can be filed only by the interested parties in the auction procedure, and the lessee of the land on which the registration of the right of lease has not been made shall not be deemed to be an interested party. Thus, there is no evidence to deem that the re-appellant registered the right of lease that he asserted in this case, and thus, the appeal of this case which he raised shall be dismissed as illegal and illegal, but the court below did not regard it as a legitimate, and the order of the court below erred by misapprehending the legal principles as to interested parties

Therefore, the order of the court below is reversed without any need to determine the grounds for re-appeal against the decision of permission to award the contract of this case, and it is sufficient to judge this. Thus, it is clear that the appeal of this case by the re-appellant is unlawful, and it is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Jeong Jong-ho (Presiding Justice)