In cases where the debtor submits the documents under Article 49 subparagraph 2 of the Civil Execution Act after an assignment order was issued, the measures to be taken by the appellate court.

Article 49 subparagraph 2 of the Civil Execution Act, and Article 229 (8) of the Civil Execution Act

Supreme Court Order 99Ma117, 118 dated August 27, 199 (Gong199Ha, 2160)

Creditors 1 and 3 others

Korea

Seoul Central District Court Order 2008Ra438 dated July 1, 2008

The order of the court below is reversed, and the case is remanded to Seoul Central District Court Panel Division.

The grounds of reappeal are examined.

Where a debtor submits the documents referred to in subparagraph 2 of Article 49 of the Civil Execution Act after an assignment order has been issued, the appellate court shall suspend the trial on appeal pursuant to Article 229 (8) of the same Act except for the case where the whole order is revoked for other reasons, and thereafter, the court of appeal shall dismiss the appeal in case where the provisional suspension of execution becomes final and conclusive due to the cancellation of execution or the continued execution, and in case where the provisional suspension of execution becomes final due to the cancellation of execution, the appeal shall be accepted and the whole order shall be revoked, and in case where the final conclusion is reached due to the continuous execution of execution, the appeal shall be dismissed (see Supreme Court Order 9Ma17, 118, August 27, 199, etc.).

According to the records, on May 22, 2008, the judicial assistant officer of the first instance court based on the executory exemplification of the judgment in the claim for damages of Ulsan District Court 2007Kadan1004, Ulsan District Court 2007Kadan1004, and issued the Re-appellant's order of seizure and assignment of the claim for return of deposit to the third debtor, but the court below ordered the Re-Appellant's order of seizure and assignment of the claim.

In such cases, the court below should, after suspending the judgment on the appeal, decide to wait for the provisional suspension of execution due to the final cancellation of execution or the continuous execution of execution. Nevertheless, the court below's dismissal of the appeal without waiting it has become unable to maintain it in violation of law.

Therefore, the order of the court below is reversed, and the case is remanded to the court below for a new trial and determination. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Ahn Dai-hee (Presiding Justice)