the suspension of compulsory execution by means of a general provisional disposition

In cases where compulsory execution can be adjusted by a final judgment, it is reasonable to deem that the suspension of compulsory execution by the method of general provisional disposition may not be permitted except in cases where there are restrictive and listed provisions (such as a lawsuit of demurrer, provisional disposition following a lawsuit of demurrer, provisional disposition following a lawsuit of demurrer by a third party, and execution and reorganization by a request for supplement of appeal) in the compulsory execution Part of the Civil Procedure Act.

Article 714 of the Civil Procedure Act

Applicant

Respondent Co., Ltd. and one other

Daejeon District Court (67Ka1560 decided) of the first instance court

(1) The petitioner's appeal is dismissed.

(2) Costs of appeal shall be borne by the applicant.

The respondent 1 corporation is seeking a provisional disposition order that prohibits the registration of cancellation of the registration of the establishment of a neighboring mortgage as the Daejeon District Court No. 9020, Nov. 25, 1958, with respect to the real estate listed in the attached list No. 1, the respondent 2, with respect to the real estate listed in the attached list No. 2. 2

An applicant's agent shall revoke the original judgment.

The provisional disposition order issued on January 27, 1966 by the court of Daejeon District Court 66Ka85 with respect to the provisional disposition prohibited from the cancellation of the registration of the establishment of a mortgage.

The court costs are assessed against all the respondent in the first and second instances.

On November 25, 1958, the Daejeon District Court received 9020 on November 20, 1958 as to the real estate listed in the separate sheet No. 1 owned by the respondent 1 and listed in the separate sheet No. 2 owned by the respondent 2 as to the real estate listed in the separate sheet No. 2 owned by the respondent 9020 on November 20, 1958, and the establishment registration of a mortgage of 6 million Won was completed for the obligor as the applicant for the right to collateral security on November 20, 1958. The Daejeon District Court as the Daejeon District Court No. 6685 on January 27, 1966, the respondent 1 corporation shall not register the cancellation of the establishment registration of each exhibition registration on the real estate listed in the separate sheet No. 2 as to the real estate

The applicant filed a lawsuit to cancel the registration of the establishment of a mortgage on the real estate in wartime, while the registration of the establishment of a mortgage on the real estate in the attached list No. 1, the respondent corporation 1 shall be the defendant with respect to the real estate in the attached list No. 2, and the respondent 2 shall file a lawsuit to cancel the registration of the establishment of a mortgage on the attached list No. 2 and serve the applicant by service, while the respondent shall have the applicant appear in the lawsuit in the same lawsuit, and the judgment in favor of the respondent, etc. becomes final and conclusive, each of the above judgment becomes final and conclusive, as the applicant filed a complaint against the applicant for perjury and the judgment of conviction becomes final and conclusive.

However, the case where a compulsory execution (including a broad executory power) by a final judgment may be suspended is limited or listed in the compulsory execution protocol of the Civil Procedure Act (the case where a request is filed, a provisional disposition following the filing of a lawsuit of demurrer, a lawsuit of demurrer by a third party, or the suspension of execution following the filing of a lawsuit of demurrer by a third party), and it is reasonable to deem that the suspension of compulsory execution by the method of general provisional disposition cannot be permitted except in the case where it falls under this, and it is obvious that the applicant's request for provisional disposition against a general dispute that is premised on the filing of a lawsuit of a final judgment is a provisional disposition application for the general dispute which

Thus, the court below dismissed the petitioner's main application for this case as without merit. In conclusion, since the petitioner's main appeal is groundless, the petitioner's appeal is dismissed pursuant to Article 384 of the Civil Procedure Act, and the costs of the lawsuit are assessed against the losing party.

[Attachment List]

Judges Kim Young-ju (Presiding Judge)