Main Issues
Method of appeal against a decision ordering grant of execution clause
Summary of Judgment
Since the decision ordering the granting of execution clause by citing an objection by the creditor against the refusal of granting execution clause by the chief clerk is an unilateral against the creditor and is not against the debtor, the debtor cannot directly file an objection against it, but only objection can be raised against the granting of execution clause by the above decision.
[Reference Provisions]
Article 482 of the Civil Procedure Act
Reference Cases
Supreme Court Order 77Ma348 Decided November 23, 1977
Re-appellant
Appellant 1 et al., Counsel for the plaintiff-appellant
United States of America
Seoul High Court Order 78Ra26 dated July 22, 1978
Text
The reappeal shall be dismissed.
Reasons
First, the second ground for reappeal is examined.
The decision ordering the grant of execution clause by citing an objection by the creditor against the rejection of the grant of execution clause of the chief chief clerk is an unilateral against the creditor and the debtor is not the other party, so the debtor cannot raise an objection directly against it. However, the above decision of party members pointed out to the purport that the above decision can only be made with respect to the grant of execution clause by the above decision, so the re-appeal of this case is unlawful as it constitutes a case where no objection is raised as stated above, since there is no reason to change the execution clause by a justifiable reason. The decision of party members pointed out to the effect that the re-appeal of this case constitutes a case where there is no objection as stated above. It cannot be said that the decision of the court below
Justices Kang Jae-hee (Presiding Justice)