[강제집행정지신청기각결정에대한특별항고][집19(1)민,280]
The requirements for special appeal to the effect that an appeal is filed against a ruling of dismissal of a request for the suspension of compulsory execution rendered against the ruling with a declaration of provisional execution.
With respect to a decision to dismiss an application for the suspension of compulsory execution that was made against a decision to which a provisional execution declaration was attached, it is evident that the appeal may not be appealed pursuant to the provisions of Articles 474 and 473 of this Act. Therefore, such appeal shall be deemed to be a special appeal.
Article 420 of the Civil Procedure Act
Special Appellants
School Foundation of Korea Electric Power Institute
Seoul High Court Decision 71Ka21 delivered on February 1, 1971
The special appeal is dismissed.
special appeal shall be given to the health of the public;
Since it is evident that the decision of dismissal of an application for the suspension of compulsory execution by the court below against the judgment to which the provisional execution sentence was attached is not allowed pursuant to the provisions of Articles 474 and 473 of the Civil Procedure Act, the appeal against the above decision shall be deemed to be a special appeal. Thus, according to Article 420 of the Civil Procedure Act, the appeal against the above decision may be made only to the Supreme Court on the ground that there is a violation of the Constitution or law that affected the trial, and it does not constitute a violation of the Constitution or law, such as the theory of lawsuit, but it is not a violation of the original decision itself, and it is not a violation of the Constitution or law, to criticize the original decision and criticize the original decision on the grounds that there is a violation of the Constitution or law. Therefore, it is unreasonable to focus on the original decision, and it is not possible to find that there is a violation of the Constitution
Therefore, the rejection of this special appeal is so decided as per Disposition by the assent of all participating judges.
Supreme Court Judges Kim Young-chul (Presiding Judge) (Presiding Justice) Mag-gim Kim, Kim Jong-dae and Yang-Namng