The case where it cannot be deemed that the security for suspension of execution has ceased to exist.

Even though there was a judgment in favor of the plaintiff in a lawsuit of demurrer against a third party that rejected compulsory execution in a lawsuit of demurrer against a third party, as long as the case continues to be in the appellate court due to the defendant's appeal against the execution creditor, the cause of the security for the suspension of execution

Article 505 of the Civil Procedure Act, Article 507 of the Civil Procedure Act

Re-appellant

Other Party

Seoul High Court Decision 66Ka316 delivered on December 26, 1966

The reappeal is dismissed.

The grounds of reappeal are examined.

I think, while a third party lawsuit of demurrer against a compulsory execution is pending, in order to suspend the execution of the lawsuit, the plaintiff filed an application for a suspension of execution on condition of security with the court of the lawsuit. In accordance with the order of the court of the lawsuit, the security money was deposited and the execution was suspended after obtaining the decision, even if there was a judgment in favor of the plaintiff in the court of the provisional execution which rejected the execution in the subsequent lawsuit, since the defendant's appeal, which is the execution creditor, continued in the appellate court, the possibility that the judgment will be reversed in the appellate court cannot be said to remain. Thus, in this case, it cannot be said that the ground for the above suspension of execution had ceased to exist in the appellate court. Accordingly, the court below's decision of the court below's dismissal of the above provisional execution against the third party's suit against the provisional seizure of corporeal movables as the defendant 66Na1648, the third party's judgment of the court of final appeal and the decision of the court below's dismissal of the above provisional execution claim No. 4061 and its dismissal of the above provisional execution claim No. 60160.

Justices of the Supreme Court (Presiding Judge) Ma-dong (Presiding Judge) and Ma-Ma-Mabbh