Even if there is a fact that an obligor or owner died before or during the commencement of auction, the decision of permission shall not be deemed to be unlawful even if the inheritor has continued the auction procedure in relation to the obligor or owner who died, unless the inheritor clearly expresses the death and fails to take over the auction procedure.

Even if there is a fact that an obligor or owner died before or during the commencement of auction, the decision of permission shall not be deemed to be unlawful even if the inheritor has continued the auction procedure in relation to the obligor or owner who died, unless the inheritor clearly expresses the death and fails to take over the auction procedure.

Article 33 of the Auction Act, Article 633 of the Civil Procedure Act, Article 642 of the Civil Procedure Act

Re-appellant who is a person other than the deceased

Seoul Civil History District Court Decision 69Ra177 delivered on May 13, 1969

The reappeal is dismissed.

As to the reasons for the reappeal:

Since the voluntary auction of the real estate mortgaged by the right to collateral security is conducted in relation to the debtor who is indicated in the registration of the right to collateral security and the owner of the real estate, even if there is the death of the debtor or owner before or during the commencement of the auction procedure, the decision of permission cannot be deemed unlawful even if the auction court permits the auction of the real estate by continuing the auction procedure in relation to the debtor or owner on the register that died before or after the commencement of the auction procedure, unless the auction procedure is confirmed the death from the heir of the property and takes over the auction procedure, the decision of permission cannot be deemed to be unlawful. Thus, the decision of the court below is justified in holding that the auction procedure was not erroneous in the auction procedure as seen above, even though the auction procedure is in progress even though the other party who is the owner of the real estate dies, even though the other party who is the owner of the real estate, who is the heir, the auction court had already died as the owner of the other party who did not take over the auction procedure from the time of the auction procedure.

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

The judges of the Supreme Court (Presiding Judge)