In a case where the court of final appeal suspended the compulsory execution of the first instance judgment which rendered a declaration of provisional execution on the condition that the said security be offered, and then reversed and remanded the judgment of appeal which maintained the first instance judgment which rendered a declaration of provisional execution (negative)

Articles 125, 436, 500(1), and 501 of the Civil Procedure Act

Applicant

Respondent

The motion of this case is dismissed.

According to the records, the respondent, who is the plaintiff in the case on the merits, was sentenced to a judgment in favor of the entire judgment rendered in the first instance court, and the appeal filed by the defendant in the case on the merits was dismissed at that appellate court, but the court of final appeal suspended compulsory execution on the condition that the applicant’s application for suspension of compulsory execution was accepted and provided as a collateral, and then reversed the judgment of appeal and remanded

Although the applicant asserts that the grounds for the security for the suspension of compulsory execution of the judgment of the court of first instance on which the declaration of provisional execution was attached have ceased to exist, the appellate court's judgment which maintained the judgment of first instance on which the declaration of provisional execution was attached only if it is reversed and remanded in the appellate court, and it does not automatically lose the validity of the judgment of first instance and the declaration of provisional execution, and in such a case, it cannot be deemed that the grounds for the security for the suspension of compulsory execution have ceased to exist.

Therefore, the instant application is dismissed as it is without merit. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Park Ill-sook (Presiding Justice)