A judge involved in a case of merits shall not participate in a lawsuit of demurrer against grant of execution clause or a case of request for suspension of compulsory execution.

A judge involved in a case of merits shall not participate in a lawsuit of demurrer against grant of execution clause or a case of request for suspension of compulsory execution.

Article 37 of the Civil Procedure Act

Appellant

Daegu High Court Decision 69Ka27 delivered on July 24, 1969

The special appeal is dismissed.

The gist of the grounds for the appeal of the appellant is that the appellant filed an appeal against the grant of execution clause lawsuit with the Daegu High Court and filed an application for the suspension of compulsory execution at the same time, and the decision of rejection was unfair and unfair, and the presiding judge who has tried the above appeal case at the Daegu High Court 65Na491 in July 24 of the same year in which two months have passed since the judgment was rendered at the same time. The defendant's participation in the above appeal case and the above case of compulsory execution suspension is illegal, and the above case of compulsory execution suspension is in need of urgency. However, the delay of the judgment is a failure to perform his duties. However, since the decision was rejected at the same time after two months have passed since the application for the suspension of compulsory execution was made at the same time as the judgment of the above case of the execution clause, it cannot be viewed as a neglect of duties, and there is no illegality in the original decision as well as any illegality in the original decision. Thus, it cannot be involved in the judgment on the grant of execution clause or the case of request for suspension of compulsory execution.

Therefore, the special appeal is dismissed by the assent of all participating Justices. It is so decided as per Disposition.

Judge Han-dong (Presiding Judge) of the Supreme Court