Whether an auction procedure shall be suspended until a provisional registration for preserving the order of priority of a right to claim ownership transfer registration without prior security right or provisional seizure is identified as a provisional registration for security, or a provisional registration for priority preservation in the procedure for a compulsory auction by real estate

Even if the real estate for auction purpose is awarded in the compulsory auction procedure of real estate, a provisional registration for preserving the priority of the right to claim ownership transfer registration shall be taken over to the successful bidder without cancelling the provisional registration for security purpose, unless there is a prior security right or a provisional seizure, and even if it is impossible to know whether the provisional registration is a provisional registration for preservation order because it is not a report of right, if it is not a report of right, it is the highest order in the registry, if the provisional registration is the first order in the list, the court of execution stated the purport that the obligation may be taken over to the successful bidder by deeming it as a provisional registration for priority preservation, and then it is sufficient to proceed with the auction procedure accordingly, and it is not necessarily required to suspend the auction

Article 130 of the Civil Execution Act, Article 16 of the Provisional Registration Security Act, etc.

Re-appellant

Seoul District Court Order 2003Ra584 dated July 16, 2003

The reappeal is dismissed.

Even if the real estate for auction purpose is awarded in the compulsory auction procedure of real estate, a provisional registration for preserving the priority of the right to claim ownership transfer registration shall be taken over to the successful bidder without cancelling the provisional registration for security purpose, unless there is a prior security right or provisional seizure, and even if it is impossible to know that the provisional registration is a provisional registration for priority preservation because it is not a report of right, if it is not a report of right, it is the highest order in the registry, if the provisional registration is the first priority in the registry, the court of execution stated the purport that the obligation may be taken over to the successful bidder by deeming it as a provisional registration for priority preservation, and then it is sufficient to proceed with the auction procedure accordingly, and it is not necessarily required to suspend the auction procedure

According to the records, the right to claim transfer of ownership was registered on December 31, 1998 with respect to the building of 186 m2 m2 and its ground which is the object of the auction of this case, Gangnam-gu Seoul ( Address omitted), Seoul (hereinafter “Seoul”) and the object of the auction of this case. On the 30th day of the same month, the execution court did not report the claim to the execution court until December 31, 1998, and on the above site, the establishment registration of neighboring mortgage in the name of the Korea Asset Management Corporation was completed on May 31, 1996 prior to the above provisional registration. However, on the above building, there was no priority of provisional registration than the above provisional registration on the register, the execution court did not accept the provisional registration of this case as to the provisional registration under Article 16(1) of the Provisional Registration Security Act, but the execution court did not report the claim to the execution court until April 11, 2003, and the execution court did not notify the non-party 1 of the above provisional registration of this case.

Therefore, the reappeal is dismissed. It is so decided as per Disposition.

Justices Lee Yong-woo (Presiding Justice)