If there is an appeal against the dismissal ruling of the application for the suspension of compulsory execution (negative)

No appeal may be made pursuant to the provisions of Articles 474 and 473 of the Civil Procedure Act against a decision on dismissal of an application for suspension of compulsory execution with respect to a judgment with a declaration of provisional execution.

Articles 473 and 474 of the Civil Procedure Act

Supreme Court Order 65Ma711 Decided August 31, 1965 66Hun-Ma5 Decided October 20, 1966

Attorney Hwang Sung-soo, Counsel for the defendant-appellant

Seoul Central District Court Order 83Ka20927 dated July 12, 1983

The special appeal is dismissed.

The grounds for special appeal are examined.

A decision to dismiss an application for the suspension of compulsory execution by the court below against the judgment to which the provisional execution declaration of this case was attached shall not be appealed pursuant to Articles 474 and 473 of the Civil Procedure Act, and a special appeal may be made to the Supreme Court only on the ground that there is a violation of the Constitution or law that affected the trial, and the lawsuit itself does not constitute a violation of the Constitution or law, and it does not constitute a legitimate special appeal, as it criticizes the order of the court below on the ground that the claim for medical expenses was transferred to a third party on the merits of this case.

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

Justices Kim Jung-soo (Presiding Justice) and Lee Jong-young's Lee Jong-young