Appellant

Jeonju District Court Order 2008Mo36 dated March 11, 2008

The case is transferred to the Supreme Court.

According to the records, the court of original judgment is recognized that the appellant's objection against the execution raised by the appellant cannot be the object of objection against the execution as stipulated in Article 16 (1) of the Civil Execution Act, and that the appellant's objection against it is unlawful. Accordingly, when the appellant submits a written appeal to the court of original judgment within one week from the date of receipt of the written appeal, the court of original judgment shall regard it as an immediate appeal and send records to this court of appeal.

However, an immediate appeal is not allowed against a judgment dismissing an objection against enforcement (see Article 17(1) of the Civil Execution Act). Since a special appeal under Article 449(1) of the Civil Procedure Act is only allowed, in a case where a party has an objection against a judgment dismissing an objection against enforcement, even though the party did not explicitly state a special appeal, the court in receipt of the written appeal shall regard it as a special appeal and send the records of trial to the Supreme Court (see Supreme Court Order 2005Ma258, Aug. 29, 2005).

If so, the court does not have jurisdiction over the instant case, and thus transfers the instant case to the Supreme Court with jurisdiction under Article 23 of the Civil Execution Act and Article 34(1) of the Civil Procedure Act.

Judges Lee Jin-hee (Presiding Judge)