[배당절차(공탁사유신고각하)][공1997.3.1.(29),592]
Method of dissatisfactioning a decision to dismiss a report on the reason of deposit (=Objection to enforcement) and a special complaint (negative)
The special appeal is permitted only for a ruling or order which is not entitled to file an objection, and there is no separate method to file an objection, and the decision of the court of execution which rejects the report of the reason for deposit under Article 581(3) of the Civil Procedure Act is the decision of the court of execution which cannot file an immediate appeal, and the interested parties who have raised an objection against the decision may file an objection by means of objection against enforcement pursuant to Article 504(1) of the Civil Procedure Act. Thus, the special appeal against the decision of rejection cannot be filed with the Supreme Court.
Articles 420, 504(1), and 581(3) of the Civil Procedure Act
Supreme Court Order 90Do190 dated March 27, 1990 (Gong1990, 1227) Supreme Court Order 94Do4 dated May 9, 1994 (Gong1994Ha, 2495)
Park Sung-ho et al. and two others (Special Appellants, Counsel for the defendant-appellant)
No. 50
Korea
Seoul District Court Order 96Ma331 dated October 18, 1996
All special appeals shall be dismissed.
According to the records, with regard to the execution deposit under Article 581(1) of the Civil Procedure Act, and the report of the reason for deposit under Article 581(3) of the Civil Procedure Act in its own name, the court of execution shall be the party to the above deposit and the report of the reason for deposit under its own name, but the court of execution shall be the party to the State, and even though the director of Samsung Tax Office must be designated as the litigation performer, the court of Samsung Tax Office decided to dismiss the report of the reason for deposit in this case as unlawful, and it is evident that the special appellant raised such decision and made a special appeal to the party member.
Before examining the special grounds for appeal, the health standle ex officio, and the special appeal is allowed only for a decision or order that is not entitled to file an objection (Article 420 of the Civil Procedure Act), and it is impossible to file an objection against a decision or order that has a separate method of filing an objection. However, a decision by the court of execution that rejects a report of the reason for deposit is a decision by the court of execution where it is impossible to file an immediate appeal, and an interested party who has an objection to such decision may file an objection by means of objection against enforcement pursuant to Article 504(1) of the Civil Procedure Act. Thus, it is evident that the said decision of dismissal cannot be subject to a special appeal
Therefore, since the special appeal of this case is unlawful, it is not necessary to determine whether the court of execution's rejection of a report on the reason of deposit is unlawful, and it is so decided as per Disposition by the assent of all participating Justices.
Justices Jeong Ho-ho (Presiding Justice)