[공탁명령][집48(2)민,93;공2000.11.15.(118),2171]
The legal nature of the deposit order for suspension of execution due to filing an appeal against the judgment of the provisional execution sentence (=Interim judgment) and the method of filing the appeal.
If a deposit order was issued to provide security to a special appellant pursuant to Articles 474 and 473(1) of the Civil Procedure Act in order to provide security to the special appellant and order the suspension of compulsory execution against the judgment of the first instance court of the provisional execution sentence, such deposit order constitutes an intermediate judgment on the judgment suspending compulsory execution last time. Thus, even if the above deposit money is too excessive, it can only be contested against the legitimacy in the objection procedure against the judgment of the suspension of compulsory execution, and such intermediate judgment is not independent.
Articles 420, 473(1), and 474 of the Civil Procedure Act
Supreme Court Order 65Ma99 dated March 24, 1965
Special Appellants
Seoul District Court Order 2000Kaga932 dated January 24, 2000
The special appeal shall be dismissed.
The grounds for special appeal are examined.
In accordance with Articles 474 and 473(1) of the Civil Procedure Act, if a deposit order was issued to provide a special appellant with a security in order to order a suspension of compulsory execution against the judgment of the first instance court of the provisional execution sentence, the deposit order constitutes an intermediate judgment on the judgment suspending compulsory execution last time.
Even if the above deposit is too excessive, as alleged by the special appellant, it can only be contested against the legitimacy in the objection procedure against the judgment of the suspension of compulsory execution, and such an intermediate judgment may not be appealed independently, and therefore, the special appeal of this case is unlawful as it is against the judgment that cannot be the object of special appeal.
Therefore, the special appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.
Justices Seo-sung (Presiding Justice)