[강제집행정지기각결정에대한특별항고][공1981.10.15.(666),14287]
Appeal against the decision on the suspension of compulsory execution rendered against the judgment with a declaration of provisional execution (special appeal)
With respect to a decision of the suspension of compulsory execution rendered against a judgment with a declaration of provisional execution, an appeal against the above decision shall be deemed to be a special appeal, since it is not possible to object by Articles 474 and 473 of the Civil Procedure Act.
Articles 474 and 420 of the Civil Procedure Act
Supreme Court Order 7Da24 Dated March 30, 1971, August 8, 1981 81Ma185 Dated August 30, 197
Special Appellants
Seoul District Court Youngpo Order 80Ka9064 dated October 24, 1980
The special appeal is dismissed.
The grounds for special appeal are examined.
Since the decision of the court below on the suspension of compulsory execution by the court below against the judgment with a declaration of provisional execution is clearly free to appeal pursuant to the provisions of Articles 474 and 473 of the Civil Procedure Act, this case's appeal against the above decision shall be viewed to the purport of special appeal. According to Article 420 of the same Act, a special appeal against the above decision may be made to the Supreme Court only on the ground that there is a violation of the Constitution or law that affected the judgment. Thus, this case's decision does not constitute a violation of the Constitution or law in itself, and criticism of the original decision in accordance with the concurrent performance defense against the original decision cannot be a legitimate ground for special appeal.
Therefore, this case's special appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.
Justices Yoon Il-young (Presiding Justice)