Probative value on the auction procedure of the auction protocol

In the voluntary auction procedure of real estate, whether the recipient of the month transferred the method prescribed by the Auction Act and the Civil Procedure Act or not shall be examined only by the auction protocol.

Article 15 of the Auction Act, Articles 628 and 147 of the Civil Procedure Act

Supreme Court Order 4290Du162 Dated June 4, 1957 Dated June 4, 1957 Dated December 27, 1960 Dated December 27, 1960 Dated May 24, 1961

Appellant 1 et al.

Daejeon District Court Order 81Ra192 dated June 24, 1982

All reappeals are dismissed.

The Re-Appellant's grounds of reappeal are also examined.

In the auction procedure of real estate, it is the case of the party member's decision that the method of the auction procedure under the Auction Act and the Civil Procedure Act should be examined only by the auction protocol. (See Supreme Court Order 4290Dug Jae-port34, Jun. 4, 1957; Supreme Court Order 4293Dug Jae-port386, Dec. 27, 1960; Order 4294Guggggggggggh162, May 24, 1961; etc.), according to the auction protocol of this case, there is no illegality in the procedure of the auction date executed by the non-party belonging to the Seosan branch of the Daejeon District Court, which was executed by the non-party belonging to the Seosan branch of the Daejeon District Court, and if the re-appellant present at the auction date was not stated in the auction protocol, it cannot be accepted as being inconsistent with the above auction protocol, and the reason for re-appeal is not a legitimate ground for re-appeal under Article 131 of the Act.

Therefore, all reappeals are dismissed. It is so decided as per Disposition by the assent of all participating judges.

Justices Shin Jong-young (Presiding Justice)