Even if there has been an objection against the ruling ordering provisional disposition, the suspension or cancellation of execution may not be claimed.

Even if there has been an objection against the ruling ordering a provisional disposition, the suspension or cancellation of the execution shall not be claimed by applying mutatis mutandis the provisions of this Article and Article 474 of this Act.

Articles 473 and 474 of the Civil Procedure Act

Special Appellant 1 et al.

Seoul Central District Court Decision 71Ka13782 delivered on August 9, 1971

I reverse the original decision.

The application for provisional disposition shall be dismissed.

The grounds for special appeal are examined.

According to the original decision, the court below declared that the execution of provisional disposition based on the original decision decided on August 3, 1971 by the Seoul Civil District Court 71Ka13781, the mobilization of which was based on the original decision decided on August 3, 1971, in the provisional disposition application case between the petitioner special appellant, respondent, special appellant 1, special appellant 2, and the special appellant 7, the court below held that the execution of provisional disposition based on the original decision decided by the Seoul Civil Court 71Ka13781, which was suspended until the final decision of this case was rendered, and that the applicant deposited 2,00,000 won as the guarantee, on the ground that

However, even if there is an objection against the decision ordering provisional disposition, it cannot be claimed the suspension or cancellation of the execution by applying mutatis mutandis the provisions of Articles 473 and 474 of the Civil Procedure Act. Thus, the court below's order to suspend the execution of the provisional disposition, such as the theory of lawsuit, shall be reversed as it is illegal. This case shall be judged directly from the principal court pursuant to Articles 421, 420 and 407 of the Civil Procedure Act. The above explanation is sufficient. Accordingly, the application to suspend the execution of the provisional disposition of this case shall be dismissed as it is impossible to permit the application to suspend the execution of the provisional disposition of this case. It is so decided as per Disposition by the assent of all participating judges.

Supreme Court Judge Hong Nam-dae (Presiding Judge) (Presiding Justice)