Check the filing period and security together
A Korean auction sale-permission appeal requires attention to both the appeal document and security.
This calculator combines the period from pronouncement, required security based on the sale price, and conditional restriction exposure by appellant role and outcome.
It helps a household prepare cash and take the relevant records to the execution court or a lawyer.
Tied-up security principal, a restriction on requesting its return, and the final loss after distribution are different figures at different stages.
The term forfeiture is often used for this topic, but it should not obscure possible distribution-surplus treatment or the steps needed for release.
Do not count unreleased security as spending cash or add the same principal twice as a cost.
Korea-specific scope
This is a 2026 Korean real-estate auction planning sheet for an appeal against sale permission, using cash security.
It does not automatically cover refusal of permission, tax or public-asset sales, vehicle procedures, security valuation or liquidation, standing, admissibility or prospects of success.
Its figures are planning references, not legal advice or guaranteed court payments.
Use court records, deposit proof and actual quotes
From the court records
Check the pronouncement date, permitted sale price, appellant role and receipt of the appeal by the original court.
The bidding date, sale-decision date and postal receipt date are distinct.
Leave role unconfirmed when uncertain and compare both exposure branches.
From proof and quotes
Enter confirmed cash deposited, its date, available cash excluding that deposit, and quoted filing, service and adviser costs.
There is no invented national fee average.
Check taxes and additional work included in a quote.
Blank means unconfirmed; it is different from a confirmed zero.
An unknown payment or missing deposit date receives no paid-cash credit, so preparation assumes the full security.
Unknown procedure costs withhold the total budget and cash gap while leaving security preparation visible.
Do not include deposited funds or an unreleased refund in available cash.
One week from pronouncement; ten days for omitted reasons
Civil Execution Act Article 15(2) provides a one-week immutable appeal period from notice, with filing at the original court.
For a sale-permission or refusal decision, Civil Execution Rules Article 74 makes notice effective on pronouncement.
This calculator therefore starts with pronouncement of sale permission; later postal delivery does not restart the clock.
Exclude the first day; adjust only the endpoint
The basic endpoint is pronouncement plus seven calendar days.
If the last day falls on Saturday, Sunday or a checked public holiday, move it through consecutive non-working days.
Do not subtract holidays inside the period.
Pronouncement on 2026-09-17 gives an original endpoint of 2026-09-24, extended through Chuseok and Sunday to 2026-09-28.
Pronouncement on 2026-10-02 moves the Hangul Day endpoint to 2026-10-12.
Under Article 15(3), when reasons are omitted from the appeal document, check a separate reasons document within ten days from appeal filing.
Filing on 2026-09-21 gives a ten-day reference endpoint of 2026-10-01.
This does not extend the appeal filing period.
Court-added periods, restoration of a missed period and completed receipt times require case review.
Security is 10% of the permitted sale price
Civil Execution Act Article 130(3) requires one tenth of the sale price in money or court-approved securities for an appeal against sale permission.
Use the permitted sale price, distinct from the minimum auction price or bid security.
A prior bid deposit does not automatically satisfy appeal security in this model.
Preparation formula
B = ceil(sale price / 10)
Additional security = max(0, B − credited paid cash)
A KRW 500,000,000 sale requires KRW 50,000,000 security.
Rounding up a fractional won is a preparation convention, not an assertion of a statutory rounding rule.
Court-approved securities are possible, but their accepted value, liquidation proceeds, disposal costs and excess deposits need separate review.
Article 130(4) addresses failure to attach proof of security when filing: the original court must issue a procedural dismissal within one week of receiving the appeal.
That court-processing period is not an extra week for the appellant to fund the deposit.
Confirm provision of security and attachment of proof at filing.
Debtor / owner and other-appellant restrictions differ
Restriction branches under rejection or withdrawal in Korea| Role / outcome | Restriction basis | Interpretation |
|---|
| Debtor / owner, rejection or withdrawal | Full security | Article 130(6) and (8) |
| Other appellant, rejection or withdrawal | Sale price × 12% per year × duration, capped at security | Article 130(7) and (8); Rule 75 |
| Granted appeal | Zero rejection / withdrawal restriction | Release still requires review |
| Procedural dismissal, other outcome or unknown role | Selected result withheld | Not automatically treated as rejection |
Confirm whether a person described as a creditor or tenant is also a debtor or owner.
Selecting a role does not establish standing.
Article 129 requirements concerning harm and appellant status, and Article 130 grounds for appeal, remain separate legal questions.
Restriction is not necessarily final loss
Article 147(1) brings the relevant security into the amount for distribution.
Article 147(2) and (3) provide for returning the relevant Article 130(7) amount to other appellants from surplus after creditors are paid, with proportional allocation if multiple providers face insufficient surplus.
Unknown surplus is not deducted from exposure in advance.
This particular surplus-return rule is not automatically extended to the debtor / owner branch.
The 12% duration starts with appeal filing
Article 130(7) measures the relevant sale-price amount from the appeal date to the date the rejection becomes final, capped at the supplied security.
The rejection decision date and its finality date may differ.
For withdrawal, Article 130(8) applies the relevant branch; use the withdrawal date as the planning endpoint and confirm its effect and counted days with the court.
The deposit date does not restart this duration.
Confirmed days versus date assumptions
R = min(B, ceil(sale price × 12% × D / 365))
An entered court-confirmed count takes priority.
Otherwise, the assumed date difference excludes filing day and includes the endpoint.
A 30-day example is not an average processing time.
The fixed 365-day denominator and rounding up to KRW 1 are budget conventions; check leap-year treatment and actual settlement rounding.
For exact 10% security before rounding, the cap reference is 305 days; 304 and 305 days produce different results.
A pending appeal with a future endpoint shows an adverse-outcome scenario, not money already lost.
It predicts neither a grant nor procedural dismissal.
A confirmed zero-day count is different from an unknown duration, so leave an unconfirmed count blank.
How to use the calculator
- Check pronouncement and permitted sale price against the court record, then enter a reference date.
Leave the pronouncement confirmation unchecked until verified.
- Check debtor / owner status and enter deposited cash and its date.
Review proof attached at filing and the receipt at the same stage.
- Record whether reasons were included, any separate reasons receipt, and final rejection, withdrawal or an assumed endpoint.
Only enter a court-confirmed day count when actually confirmed.
- Read cash preparation separately from restrictions, save TXT and print the planning sheet.
Take unresolved warnings and evidence notes to the execution court or your adviser.
Worked example: KRW 500 million and 30 days
Use a KRW 500,000,000 sale, pronouncement on 2026-09-17, appeal filing on 2026-09-21 and an assumed endpoint of 2026-10-21.
Excluding the filing day gives 30 days.
This is fictional arithmetic, not a real case or a success estimate.
The restriction comparison assumes exact required security, while cash preparation separately credits an entered partial deposit.
Security and restriction example for KRW 500 million and 30 days| Item | Amount (KRW) |
|---|
| Required security B | 50,000,000 |
| Debtor / owner adverse-outcome exposure | 50,000,000 |
| Other appellant, 30-day restriction R | 4,931,507 |
| Other appellant, remainder outside restriction | 45,068,493 |
Change the endpoint or confirmed count to compare ten-day and sixty-day assumptions.
A debtor / owner restriction is not reduced proportionally with a shorter period.
For other appellants, the restriction in this model stops at security rather than growing without that cap.
Do not add restriction exposure to the same cash principal
Partial deposit, costs and cash-gap example
Of the required KRW 50,000,000, suppose KRW 20,000,000 was confirmed deposited before the reference date and separate costs are KRW 1,000,000.
Additional security is KRW 30,000,000 and the immediate budget is KRW 31,000,000.
With KRW 10,000,000 available cash, the gap is KRW 21,000,000.
Do not add the KRW 4,931,507 restriction again: it is part of the same security principal that may not be returned.
The partial deposit explains a funding gap; it does not establish adequate security or a valid appeal.
An underdeposit warning remains and proof at filing still requires urgent review.
A deposit date after the reference date is planned, so its amount is not credited as cash already paid.
This prevents double counting expected future funding.
Practical scenarios and limits
- A family member funds the appeal: Confirm who is the appellant and whether that person is a debtor or owner.
The source of family cash does not determine the Article 130 role.
- Withdrawal is being considered: Apply the relevant Article 130(8) branch rather than assuming a full refund.
Settlement payments and separate litigation effects are excluded.
- A deadline crosses year end: Add and check the other-year calendar.
Temporary holidays, court operations, receipt times and court-added periods require review.
Checking a holiday box does not verify future law.
- Several people appeal: Do not automatically divide one deposit or allocate distribution surplus equally.
Review security per provider, joined proceedings and actual distribution proportions separately.
Filing an appeal does not establish that all execution has automatically stopped.
Review the general Article 15 rule and the finality requirement for sale-permission effect under Article 126 at the relevant procedural stage.
Delivery orders and distribution objections are separate procedures with their own tools below.
Frequently asked questions
Does the week start when the decision arrives by post?
Rule 74 makes notice effective on pronouncement for the relevant decision.
Check the pronouncement record and applicable deadline promptly rather than restarting the clock on postal receipt.
Is appeal security the same as the bid deposit?
They are separate procedural requirements.
Article 130 uses one tenth of the permitted sale price, and this model does not automatically credit a bid deposit as appeal security.
Check the actual deposit and proof.
Does a debtor lose only 30 days of interest?
The debtor / owner branch under Article 130(6) restricts the full security.
The sale-price, 12% and duration calculation belongs to the other-appellant branch.
Does withdrawal immediately return the full deposit?
Article 130(8) applies the relevant paragraph (6) or (7) branch to withdrawal.
Check the role and withdrawal effect instead of assuming a full refund.
Can I use the date of the rejection decision?
Distinguish that date from finality.
Until finality and counted days are checked, use a scenario.
The deposit date does not start the exposure period.
Are procedural dismissal and rejection equivalent here?
No automatic equivalence is applied to the selected result.
Procedural dismissal and other outcomes are withheld for case review, including missing security, proof and the actual decision.
Is the full restriction a final loss?
For the relevant other-appellant amount, Article 147 allows surplus treatment after creditor distribution.
Until surplus and release are known, read exposure separately from final loss and spendable cash.
What about securities, unknown costs or next-year cases?
Only the cash-security scenario is calculated; securities require valuation review.
Unknown costs withhold totals.
Outside 2026, recheck the applicable law, rate, calendar, day count and rounding.
Official sources and your next action
The National Law Information OPEN API was checked for current law on 2026-10-16.
Civil Execution Act MST268837 is effective 2026-02-01 and Civil Execution Rules MST272631 are effective 2025-07-12.
Civil Procedure Act MST290113 is effective 2026-10-02 and Civil Act MST284415 is effective 2026-03-17.
For public-holiday regulation MST285779, distinguish the basic 2026-05-01 effective date from certain provisions effective 2026-05-11.
The 2026 calendar includes Labor Day, Constitution Day, the June 3 election and substitute holidays; check new temporary holidays separately.
The saved TXT and printed sheet preserve inputs, unconfirmed states, assumptions, formulas and source links.
Compare the pronouncement record, appeal receipt, deposit proof and final rejection or withdrawal records with the execution court or adviser.
Then arrange the required cash and confirm completed receipt and attachments.
ICS exports confirmed-input appeal and applicable reasons deadlines as all-day references.
Provisional dates are withheld, and saving a calendar entry does not guarantee completed receipt or a filing time.
TXT also records preparation-checklist states so you can review completed checks and remaining actions together.