[집행력있는공정증서정본재도부여기각결정][집33(2)민,140;공1985.10.1(761)1303]
Method of appeal in case where an application for re-issuance of execution clause by a notary public is rejected;
In accordance with Article 522(2) of the Civil Procedure Act, a judgment on whether to grant again an execution clause rendered by a single judge of a district court is only an internal supervisory action of the court against an execution clause institution, and thus, a notary public as well as a creditor cannot appeal against a ruling dismissing an application for re-approval by a notary public. However, a creditor is only able to appeal against this rejection disposition to a single judge of the district court after a ruling on rejection of re-approval by a notary public.
Article 522(2) of the Civil Procedure Act
a notary public, a new law office
Seoul Central District Court Order 84Ra164 Dated April 29, 1985
The reappeal is dismissed.
The grounds of reappeal are examined.
In accordance with Article 522(2) of the Civil Procedure Act, since a judgment on whether to grant an execution clause again by a single judge of a district court is only a internal supervisory action of the court against an execution clause institution, a notary public as well as a creditor shall not appeal against a ruling dismissing an application for a re-approval by a notary public. However, the creditor shall be deemed to be able to appeal against this rejection disposition by a single judge of the district court after the refusal of re-approval by a notary public.
The gist of the grounds for re-appeal of this case is that a notary public who filed an application for re-permission of execution clause is a party to the application, and therefore, it is unfair in light of the purport that the rejection of the application is allowed as a matter of course, or the purport or the purport of the above-mentioned purport, and the reason is not justified as it does not fall under any of the reasons provided in Article 13 and subparagraphs of Article 11(1) of the Act on Special Cases Concerning Promotion,
Therefore, the reappeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.
Justices Lee Il-young (Presiding Justice)