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

The special appeal stipulated in Article 420 of the Civil Procedure Act may only be filed against a ruling or order in which an objection cannot be raised, and a successful bidder may file an immediate appeal against a ruling of permission of an auction in the voluntary auction procedure pursuant to Article 641(2) of the Civil Procedure Act applied mutatis mutandis under Article 33(2) of the Auction Act, and in a case where the appellate court rejects the above immediate appeal, a reappeal may be filed pursuant to Article 412 of the same Act. Thus, the ruling of permission of the auction or the decision of rejection made by the appellate court against the immediate appeal shall not be subject to a special appeal, since the decision of permission of the auction or the decision of rejection made by the appellate court

Article 420 of the Civil Procedure Act

Special Appellants

Incheon District Court Order 84Ma1955 Dated October 15, 1984

The special appeal shall be dismissed.

The special appeal stipulated in Article 420 of the Civil Procedure Act can only be filed against a ruling or order which is not entitled to an objection, and a successful bidder may immediately file an appeal against a decision of permission of adjudication pursuant to Article 641 (2) of the Civil Procedure Act applied mutatis mutandis under Article 33 (2) of the Auction Act, and in case the appellate court rejects the above immediate appeal on account of its illegality, a reappeal may be filed pursuant to Article 412 of the same Act. Thus, the decision of permission of adjudication or the decision of rejection made by the appellate court against the immediate appeal shall not be subject to a special appeal, since all of the decision of permission of adjudication or the decision of rejection made by the appellate court is not a decision for which the appeal cannot be filed, and it is unlawful as the special appellant, who is the successful bidder, filed an immediate appeal against the decision of permission of adjudication of adjudication of this case on the ground that the special appellant was successful at a higher price than the current market price, and the decision of rejection of the above immediate appeal by the special appellant of this case is clearly recorded.

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

Justices Shin Jong-sung (Presiding Justice)