Even if an appeal is filed against the judgment on provisional disposition, the suspension of execution may not be requested by applying mutatis mutandis Articles 473 and 474 of the Civil Procedure Act.

Even if an appeal is filed against the judgment on provisional disposition, the suspension of execution may not be requested by applying mutatis mutandis Articles 473 and 474 of the Civil Procedure Act.

Article 474 of the Civil Procedure Act

Notice 63Ka10 dated September 21, 1963

Sung Chang-si

Applicant

Daegu High Court Decision 68Ka81 delivered on December 17, 1968

I reverse the original decision.

The application for the suspension of compulsory execution of this case shall be dismissed by the Newcheon.

We look at the special appeal of respondent agents.

In light of the records, the respondent filed an application against the applicant for provisional disposition prohibiting entry into Daegu High Court, and the Daegu High Court rendered a judgment of acceptance of provisional disposition in favor of the respondent on December 4, 1968 (see Supreme Court Decision 68Na408, Dec. 6, 1968) and accepted the application for suspension of compulsory execution by the judgment of acceptance of provisional disposition in favor of the respondent on December 6, 1968, and rendered a decision of suspension of execution by the judgment of acceptance of provisional disposition in favor of the applicant, such as the original decision, until the judgment of final appeal is rendered. However, even if an appeal is filed against the judgment of provisional disposition, it is interpreted that the application of Article 473 and Article 474 of the Civil Procedure Act cannot be filed by applying mutatis mutandis the provisions of Article 473 and Article 474 of the Civil Procedure Act (see Supreme Court Order 63Ka10, Sep. 21, 1963). Accordingly, the original decision should not be reversed. Accordingly, the applicant's request for suspension of compulsory execution should be dismissed directly.

The opinions of involved judges are consistent with this decision.

The judges of the Supreme Court (Presiding Judge) of the Red Net Sheet