In case where corporeal movables have been seized by a judgment of a provisional execution declaration, whether the court of the merits may issue a realization order

In the case of compulsory execution of corporeal movables, when it is necessary to preserve the seized objects, proper disposal shall be made in accordance with Article 534 of the Civil Procedure Act, and when there is a concern that the seized objects during the suspension of compulsory execution may be decomposed or remarkably decreased in prices, proper disposal may be made in accordance with the above provisions, such as realization, etc., by the method of preserving the seized objects, and the court on the merits shall not issue an order for realization.

Article 534 of the Civil Procedure Act

Applicant

Respondent 1 and 4 others

The petitioner's main petition is dismissed.

Expenses incurred in filing an application shall be borne by the applicant.

After the declaration of provisional execution of the judgment of Jeonju District Court 71A68 case, the parties concerned are able to request the realization of the goods recorded in the attached list attached on October 8, 1971 by the delegation of the respondent who is the creditor, etc. to the Jeonju District Court.

The purport of the applicant's reasons for filing an application is that the respondent seized corporeal movables as stated in the attached list owned by the applicant based on an executory exemplification of the judgment claiming the transfer of land, etc. against the applicant, and the respondent et al. seizures corporeal movables as stated in the attached list owned by the applicant. Since a compulsory execution order is suspended due to the petitioner's appeal in the case at issue, it is difficult for the court to continuously issue a realization order and request the deposit of the proceeds of realization until the completion of the case at issue, since it is difficult for the respondent to keep the seized objects as it is the rice with the open space, which is likely to decompose due to flooding, and thus, it is difficult for the applicant to file an order to preserve the proceeds of realization. Thus, in the case of corporeal movables, when necessary to preserve the seized objects, proper disposition shall be made pursuant to Article 534 of the Civil Procedure Act, and when there is a concern that the seized objects during the suspension of compulsory execution or price decrease, the request for realization and realization order cannot be dismissed as it is groundless.

[Attachment List omitted]

Judges and soldiers (Presiding Judge)