[1] The method of appeal in a case where a trial on an objection to enforcement does not fall under the requirements of Article 17(1) of the Civil Execution Act and is not subject to an immediate appeal (=special appeal)

[2] In a case where the court of appeal did not indicate that the appeal is a special appeal while submitting a petition of appeal against a judgment that only the special appeal is permitted, and where the court of appeal did not indicate that the appeal is the Supreme Court, the court of acceptance

[1] Articles 15(1), 17(1), and 23(1) of the Civil Execution Act, Article 449 of the Civil Procedure Act / [2] Article 449 of the Civil Procedure Act

[1] [2] Supreme Court Order 2008Ga90 dated May 22, 2008 / [1] Supreme Court Order 2005Ga87 dated October 31, 2005 / [2] Supreme Court Order 99Ma2081 dated July 26, 199 (Gong199Ha, 1930)

Special Appellants

Incheon District Court Order 2008Mo827 dated March 20, 2008

The special appeal is dismissed.

The grounds of appeal shall be examined.

Article 15(1) of the Civil Execution Act provides that an immediate appeal may be filed against a judgment by the court of execution on the execution procedure only where special provisions exist. Article 17(1) of the same Act provides that an immediate appeal may be filed against a decision to revoke the execution procedure, a decision to dismiss or dismiss an objection against a disposition by the execution officer who has revoked the execution procedure, or a decision to order the execution officer to revoke the execution procedure. Thus, an immediate appeal may be filed if a judgment on an objection against the execution falls under such case, but in other cases, an immediate appeal may not be filed against a judgment on an objection, and only an objection may be filed as a special appeal under Article 449 of the Civil Procedure Act applied mutatis mutandis pursuant to Article 23(1) of the Civil Execution Act (see Supreme Court Order 205Do87, Oct. 31, 2005). With respect to an objection against the judgment permitted only special appeal, even if the parties did not indicate a special appeal as the Supreme Court, the court in receipt of such appeal shall be deemed a special appeal and send it to the Supreme Court (see Supreme Court Decision 2008Do.

According to the records, when a special appellant submitted a written appeal to the court below against the dismissal ruling on the objection, etc. concerning the execution of this case which cannot be appealed by an immediate appeal, the court below sent the records to the original appeal register of Incheon District Court, and the above appeal register dismissed the appeal by a special appellant as an immediate appeal, but the judgment of the appeal court of the above appeal is the judgment of the court without authority, so this case shall be treated as a special appeal against the decision of the court below.

In light of the record, there is no unfair judgment in the order of the court below as to the reason for special appeal of statutes, that is, violation of the Constitution that affected the trial, or whether the order, rule, disposition, or disposition, which is the premise of the trial, is in violation of the Constitution or the law, etc. In addition, Article 16 of the Civil Execution Act cannot be deemed as an unconstitutional provision that excessively limits jurisdiction, thereby infringing the right to

Therefore, the special appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Kim Ji-hyung (Presiding Justice)