Whether the decision of provisional disposition can be subject to special appeal

The debtor may raise an objection pursuant to Articles 715 and 703 of the Civil Procedure Act against the decision ordering provisional disposition, which is therefore not subject to a special appeal, because the debtor is not entitled to raise an objection.

Articles 420, 703, and 715 of the Civil Procedure Act

Special Appellant 1 et al.

Jeonju District Court Order 80Ka344 dated May 1, 1980

The special appeal shall be dismissed.

ex officio, lives:

The special appeal stipulated in Article 420 of the Civil Procedure Act can be filed against a decision for which no objection can be raised, so the debtor can raise an objection pursuant to Articles 715 and 703 of the Civil Procedure Act, so the decision ordering provisional disposition does not constitute a decision for which no objection can be raised, and thus the decision ordering provisional disposition cannot be subject to a special appeal.

Therefore, this special appeal is dismissed on the ground that it is unlawful, and it is so decided as per Disposition by the assent of all participating judges.

Justices Presiding Justice (Presiding Justice)