In case where a lawsuit for quasi-deliberation is filed and an application for the suspension of compulsory execution is filed under Article 473 of the Civil Procedure Act, the court applying for the suspension order.

An application for suspending compulsory execution on the ground of retrial shall be filed with the court in which the lawsuit for retrial is pending.

Articles 473 and 431 of the Civil Procedure Act

Mayang-gun Chuncheon

E.S.C.

Seoul High Court Decision 63Ka70 delivered on April 23, 1963

the original decision shall be reversed.

This case is dismissed.

In a case where a request for the order of suspension of compulsory execution is clearly filed pursuant to Article 473 of the Civil Procedure Act, not to file an appeal against the judgment which has been declared provisional execution pursuant to Article 474 of the same Act, but to file a lawsuit for quasi-examination, and a request for suspension of compulsory execution pursuant to the original protocol of protocol having the same effect as the final and conclusive judgment is filed pursuant to Article 473 of the same Act, the request for the order of suspension shall continue to be filed with the court which has the same effect as the final and conclusive judgment. Therefore, in the case where the case for reexamination is transferred to the Supreme Court, the request for the order of suspension shall be filed with the Supreme Court. In this case, there

Nevertheless, since the court below's decision is not unlawful, the original decision is revoked and the records of the case of the application are sent to the main body, so it is not recognized that the grounds alleged as the grounds for the lawsuit for the retrial of this case are legally groundless, and there is a vindication of facts. Thus, the court below's decision of this case is dismissed and it is so decided as per Disposition by all all participating judges.

The judges of the Supreme Court (Presiding Judge) Lee Young-sapon (Presiding Judge) Man-man Man-man Man-man