In the case where a title of debt is a bond under Article 13 (2) of the Emergency Order on the Stabilization and Growth of Economy, whether the execution court may suspend the auction procedure based on the name of debt immediately.

In the case where the title of debt is a bond under Article 13 (2) of the Emergency Order on Economic Stabilization and Growth, even if the executor of execution does not exclude the executory power of the title of debt in the lawsuit related to the claim, if the title of debt is recognized as a bond under the above Emergency Order, the auction procedure may be immediately suspended.

Re-appellant

Seoul Central District Court Order 73Ra321 Dated October 20, 1973

The original decision is reversed, and the case is remanded to the Panel Division of the Seoul Civil Procedure District Court.

As to the ground of reappeal by the re-appellant:

Article 13(2) of the Emergency Order on Economic Stabilization and Growth provides that "The compulsory execution against the property right to be repaid for the bond shall not be carried out, and the procedure already being carried out shall be suspended." However, the claim that the execution bond to be executed by the debtor is an obligation bond under the above Emergency Order after the judgment to be executed is a dispute over the validity of the title of the obligation to be executed for the substantive reasons after the judgment to be executed immediately after the judgment to be executed is rendered. Therefore, the court filed a lawsuit of objection against the claim to be finally suspended in accordance with the above Emergency Order provisions, and made a decision to the effect that the execution bond in the lawsuit shall be excluded from the enforcement power of the title of the obligation after the judgment to be approved as a bond under the above Emergency Order is judged.

However, Article 13 (2) of the above Emergency Order does not apply to provisional disposition of provisional execution and the auction procedure under the Auction Act against the property right to be paid for a bond, and the subject of suspending the procedure of compulsory execution, etc. which is already being in progress shall not be the execution court or the auction court. In case where the execution court recognized it as a bond under the above Emergency Order and decided to suspend it, if it is erroneous, it may be disputed by an appeal. Thus, it is reasonable to interpret that the above decision of the original decision of the above Emergency Order cannot be made unless it excludes the executory power of the title of the debt or excludes the execution power of the title of the debt after receiving the above Emergency Order Bond under the above Emergency Order Bond, notwithstanding the above claim objection suit, there is an error of law by error in the misapprehension of the law, and the re-appeal of this issue is eventually justified and the original decision shall not be reversed.

Therefore, it is so decided as per Disposition by the assent of all participating judges pursuant to Articles 413(2) and 406 of the Civil Procedure Act.

Justices Rin- Port (Presiding Justice)