(a) Suspension or provisional disposition of the compulsory execution, and a provisional disposition under Article 714 of the Civil Procedure Act;

(b) One requirement for a suspension order of compulsory execution under Article 509(3) of the Civil Procedure Act;

The suspension of compulsory execution based on a final and conclusive judgment or the name of debt with the same effect may only be permitted under the laws and regulations concerning compulsory execution, and it may not be permitted to suspend compulsory execution by means of a general provisional disposition without being subject to the above provisions.

Articles 473, 474, 484(2), 504(2), 507(2), 508, 509(3), 509(1), and 714 of the Civil Procedure Act

Attorney Cho Jong-sik, Counsel for the special appellant

Chuncheon District Court Order 68Ka146 dated June 21, 1968

The special appeal is dismissed.

We examine the special appeal of the special appellant.

The suspension of compulsory execution based on the final and conclusive judgment or the name of debt with the same effect can only be permitted under the law on compulsory execution, and it cannot be permitted to suspend compulsory execution by means of a general provisional disposition without being subject to the above provision. In addition, in order for the court to issue an order of suspension of compulsory execution pursuant to Article 509(3) of the Civil Procedure Act, it is required that the third party lawsuit is pending in the issuing court. According to the contents of the written application for provisional disposition of suspension of compulsory execution that the special appellant attached to the record in this case is the applicant, the applicant is not selling it to the other party, so long as ○○, the other party, is not entitled to a compulsory execution by the original copy of an executory protocol of the case such as confirmation of ownership of standing timber by the original branch of the Chuncheon District Court, the original branch of 67Ga55 decided on the legal interest company, and as long as it is obvious that the above subject matter of compulsory execution will not become final and conclusive by the above 90th court's decision, the applicant has no error in the above 10th court's decision.

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

The presiding judge of the Supreme Court (Presiding Judge) of the Red Marins (Presiding Justice)