Special appeal against the decision of approval of a successful bid (negative)

An immediate appeal may be filed under Article 33(2) of the Auction Act with respect to the decision of permission for the successful bid in the voluntary auction procedure, under Article 641 of the Civil Procedure Act. Thus, the decision of permission for the successful bid shall not be subject to a special appeal because it does not constitute a decision not to file an objection

Article 420 of the Civil Procedure Act, Article 641 of the Civil Procedure Act, Article 33(2) of the Auction Act

The European Industrial Corporation of Korea

Jeju District Court Order 80Ma130 dated August 10, 1981

The special appeal shall be dismissed.

ex officio scamba,

The special appeal stipulated in Article 420 of the Civil Procedure Act can only be filed against a decision that is not entitled to appeal, and the special appellant may file an immediate appeal under Article 641 of the Civil Procedure Act, which is applicable mutatis mutandis under Article 33(2) of the Auction Act, with respect to the decision of permission of auction of this case. Thus, the decision of permission of auction of this case shall not be subject to special appeal because it does not constitute a decision that is not entitled to appeal.

Therefore, the special appeal of this case is unlawful and dismissed, and it is so decided as per Disposition by the assent of all participating Justices.

Justices Shin Jong-young (Presiding Justice)