Main Issues

Method of appeal against a provisional disposition suspending execution

Summary of Judgment

A third party who has an objection against the execution of a provisional disposition may not file a lawsuit of objection under this Article and Articles 707 and 509 of this Act, and no appeal of objection may be filed against the decision to suspend the execution of a provisional disposition under Articles 509 (3) and 507 (2) of this Act by an immediate appeal.

[Reference Provisions]

Article 549 of the Civil Procedure Act

Re-Appellant, applicant

Oral beneficiary

Other party, respondent

Dong Han-gu Co., Ltd.

Judgment of the lower court

Seoul High Court Decision 59Do449 delivered on November 26, 1959

Reasons

ex officio, a third party who has an objection to the execution of a provisional disposition for e-mail may file a lawsuit of objection pursuant to Article 756, Article 748, Article 549 of the Civil Procedure Act, and the court may order the suspension of execution of a provisional disposition pursuant to Article 549, Paragraph 4, Article 547, Paragraph 2 of the same Act. Since the court's decision to suspend execution is a judgment as a provisional measure for the protection of the objection until there is an objection after filing a lawsuit of objection, the decision to suspend execution itself is a judgment as an incidental judgment to the lawsuit of objection, and it cannot be a separate appeal as an incidental judgment to the lawsuit of objection, and therefore the decision cannot be subject to a new appeal immediately. Accordingly, in this case, the respondent's appeal against the order to suspend compulsory execution under Article 756, Article 748, Paragraph 4, Article 547, Paragraph 2, Article 547 of the same Act shall be dismissed. Thus, the court below revoked the decision to suspend execution by citing the appeal.