The rejection of an application for revocation of compulsory execution by a person who files a lawsuit of demurrer against a third party shall be granted a complaint against the decision of the court of lawsuit

No appeal shall be filed against a ruling of the court of lawsuit which dismisses a motion for revocation of compulsory execution by a person who files a lawsuit of demurrer against a third party.

Articles 509(3), 507(2), and 508(1) of the Civil Procedure Act

Kim Jong-won

Yellow leaves

Seoul High Court Decision 64Ra52 delivered on September 24, 1964

The decision of the court below is reversed.

This appeal shall be dismissed.

In light of the record, the second-appellant's claim is as follows: the second-appellant's main building that was executed with order of July 28, 1964 was occupied from August 20, 1962, which was before the settlement protocol was established in the case of housing name among the plaintiff Young-si's Gangseo-si's non-party's non-party's non-party's non-party's non-party's non-party's non-party's non-party's non-party's non-party's non-party's non-party's non-party's non-party's possession. Thus, the second-party's main application for this case is clear that the second-party's non-party's non-party's plaintiff's non-party's non-party's non-party's non-party's non-party

According to the records, the court of first instance, which is the court of the lawsuit, dismissed the application for cancellation of the above-mentioned execution disposition by the re-appellant, and the re-appellant's appeal against this dismissal decision is obvious, because the court of the lawsuit which dismissed the above application by the court of the lawsuit is a provisional trial, it is reasonable to view that the appeal is not permitted due to the nature of the judgment dismissing the above application by the court of the lawsuit. Thus, since the above judgment shall be the same as the provisional disposition stipulated in Article 473 (1) of the Civil Procedure Act, it shall be deemed that the above judgment may be applied mutatis mutandis to the second sentence of Article 473 (3) of the Civil Procedure Act, so the court below should have dismissed the appeal on the ground that it should have accepted the appeal, and it is clear that the court below accepted the appeal and judged on the merits clearly, and therefore the judgment of the court below should be reversed, but it is clear that the nature of the case is sufficient to judge, and therefore it shall be decided not to

The opinions of involved judges are consistent with this decision.

The judge of the Supreme Court (Presiding Judge) of the Republic of Korea shall have the authority to transfer a red net holiday.