An appeal of dissatisfaction against the order to suspend the execution of provisional disposition under Article 509(3)(2) of the Civil Procedure Act shall be filed by the court before a judgment is rendered after filing a lawsuit of demurrer against the third party against the execution of provisional disposition.

No objection may be raised independently against the stay of execution provided for in paragraph (3) of this Article and paragraph (2) of Article 507 of this Act.

Articles 509, 707, and 715 of the Civil Procedure Act

First Company

Gaoung District Corporation

Daegu High Court Decision 62Ra11 delivered on October 1, 1962

The original decision shall be revoked.

The appeal against the order to suspend and cancel this case shall be dismissed by the party who is requested to suspend and cancel the compulsory execution.

(1) Under Articles 715, 707, and 509 of the Civil Procedure Act, the applicant filed an objection against the respondent in the Daegu District Court, the execution court, pursuant to Articles 715, 707, and 509 of the Civil Procedure Act, against the third party's lawsuit (62 Gohap57), and the respondent filed an application for the suspension and cancellation of compulsory execution pursuant to Article 509, Paragraph (3), Article 507 (2) of the Civil Procedure Act. The respondent filed an immediate appeal against the above decision, and the court below revoked the first instance judgment by receiving the appeal, but the court below cannot file an objection against the judgment ordering the suspension of execution of provisional disposition and the revocation of provisional disposition until the judgment is held. However, despite the Supreme Court's decision (4292, Paragraph 303 of the same Article).

The third party who has an objection to the execution of a provisional disposition may file a lawsuit of objection pursuant to Articles 715 and 707 and 509 of the Civil Procedure Act, and the court may order the suspension of execution of such provisional disposition pursuant to Article 509 (3) and (2) of the same Act, and the decision of suspension of execution is a judgment of provisional emergency measure of the court for the protection of the objection until the judgment is rendered after filing a lawsuit of objection, and the decision of suspension of execution is a judgment of provisional emergency measure of the court for the protection of the objection. Therefore, the decision of suspension of execution itself is an incidental judgment to the lawsuit, which cannot be the object of an objection independently from the judgment of the court. (Decision 4292 dated December 22, 1959.) In this case, the respondent is a decision of the original court and the decision of revocation of the execution suspension and the decision of suspension of execution should not be affected by the assent of all Justices.

The judges of the Supreme Court, the two judges (Presiding Judge) of the two judges of the Supreme Court (Presiding Judge) and the vice-speaks