Whether an appeal by the applicant for a compulsory auction against a decision to dismiss an application for compulsory auction by the court of execution may be accepted, and the judgment of the court below to revoke the above decision may be separately appealed (negative)

Article 42 of the Civil Procedure Act, Article 83(5) of the Civil Execution Act

Korean Real Estate Trust Co., Ltd. in bankruptcy (Law Firm Geum River, Attorneys Kim Won-tae et al., Counsel for the plaintiff-appellant)

Other Party

Changwon District Court Order 2005Ra14 dated January 3, 2006

The reappeal shall be dismissed.

The grounds for reappeal are examined ex officio prior to judgment.

After the execution court rejected the other party's application for compulsory auction of this case, the other party's immediate appeal was dismissed, and the court below accepted it and revoked the decision of dismissal by the execution court, and it is obvious that the re-appellant filed a reappeal.

However, the appeal by the applicant for a compulsory auction against a judgment by the court of execution which rejected the application for compulsory auction, is accepted, and the judgment by the court of execution which revoked the judgment by the court of execution is just back to the remaining state without being dismissed (However, due to the binding force of the judgment by the court of execution, the court of execution cannot make any judgment inconsistent with the judgment by the court below), and the re-appellant cannot be deemed as benefit or need to separately appeal against the judgment by the court below (if the court of execution accepted the application for compulsory auction in this case in accordance with the purport of the judgment by the court below by the first instance court, if the decision of compulsory auction was rendered, the re-appellant can bring an objection against the decision of compulsory auction). Accordingly, the reappeal

Therefore, the reappeal is dismissed, and it is so decided as per Disposition by the assent of all participating Justices.

Justices Park Si-hwan (Presiding Justice)