[강제집행정지신청사건][고집1976민(1),1]
Application for Suspension of Compulsory Execution against the judgment of revocation of provisional attachment with the declaration of provisional execution
With respect to a judgment of revocation of provisional attachment with the declaration of provisional execution, it is unlawful to apply for suspension of compulsory execution.
Articles 473 and 474 of the Civil Procedure Act
The 69g19 dated December 12, 1969, dated March 27, 1976 (Supreme Court Order 76Ma35-2 dated March 27, 1976; Supreme Court Order 17No.179 dated March 17, 1979; Decision 473(11)1035 of the Civil Procedure Act)
Bank of Korea
Gyeongbuk Cultural Industry Cooperatives
The motion for this case shall be dismissed.
The summary of the reasons for the application of this case is that the applicant seizeds the respondent's telephone subscription right based on the decision of provisional attachment against the telephone subscription right of Daegu District Court on September 17, 1975. After that, the Daegu District Court rendered a decision of revocation of provisional attachment on November 20, 195 as the respondent's objection against the above provisional attachment order, and the applicant filed an appeal, and the applicant also sought a suspension of compulsory execution based on the above provisional attachment decision of revocation of provisional attachment with the above provisional attachment declaration at the time of the judgment of the appellate court, while the applicant cannot file an application for suspension of compulsory execution against the above provisional attachment decision with the above provisional attachment declaration at the time of the judgment of the appellate court, the application of this case is unlawful, and therefore,
Judges Kim Young-young (Presiding Judge) and Lee Tae-tae Kim