The time of acquisition of ownership in the auctioned real estate

A successful bidder in a compulsory auction shall not raise an objection against the decision to commence the auction on the ground of repayment even if the successful bidder has repaid his/her obligation before the auction procedure is completed, inasmuch as the decision to permit the auction becomes final and conclusive on the condition that the successful bidder would not pay the price at the date of the payment of the successful bid.

Article 647(3) of the Civil Procedure Act, Article 187 of the Civil Act

Re-appellant

Seoul Civil District Court Decision 66Ra390 delivered on October 14, 1966

The reappeal of this case is dismissed.

We examine the re-appellant's representative's appointment of the re-appellant, the reason for re-appeal, the Kim Jong-sik, and the reason for the supplement of Lee Jae-sik's statement of the reasons for re-appeal (the reason for supplement of this money is after the expiration of the submission period, and this decision is judged to the extent of supplement in case of supplement in case of the reasons for re-appeal submitted within the above period). According to the records, it can be seen that this case is related to compulsory auction, and according to the facts established by the court below, the re-appeal against the decision of permission of auction in the compulsory auction was dismissed on November 24, 1965, and the decision of rejection was delivered to the Re-Appellant on December 6, 1965, and the decision of permission of auction became final and conclusive, and the order of suspension of execution was filed on the ground that this case was repaid and the procedure of compulsory execution was suspended on December 4, 1965.

The status of the successful bidder in the compulsory auction is determined at the time the decision of the successful bidder becomes final and conclusive, and the successful bidder acquires the ownership of the immovables at the time the decision of the successful bidder becomes final and conclusive, and if the decision of the successful bidder becomes final and conclusive, the successful bidder cannot raise an objection against the decision of the commencement of auction on the ground of repayment even if he has repaid his obligation before the auction procedure is completed (see Supreme Court Decision 65Ma141, Apr. 28, 1965). Thus, as seen above, the court below decided on the condition that the successful bidder would not pay the successful bid price at the time of the payment of the successful bid price, and the above decision of the successful bidder becomes final and conclusive, the successful bidder acquired the ownership of the immovables at the time of the decision of the permission of the successful bidder, and the above decision of the permission becomes final and conclusive prior to the completion of the auction procedure, and there is no conflict between the theory of the successful bidder and the above decision of the successful bidder in the auction procedure and the above decision of the successful bidder.

Therefore, it is so decided as per Disposition with the assent of all participating judges.

Supreme Court Judge Lee Young-su (Presiding Judge) (Presiding Judge) and Lee Dong-dong Gyeong-dong