If the application for the suspension of compulsory execution is filed on the ground of an appeal against the judgment of the provisional execution ordering cancellation of the provisional disposition

With respect to the judgment on the declaration of provisional disposition revoking the provisional disposition, an application for the suspension of compulsory execution under Articles 473 and 474 of the Civil Procedure Act may not be filed on the grounds of an appeal.

Articles 473, 474, and 716 of the Civil Procedure Act

Supreme Court Order 63Ka10 Decided October 30, 1969 Decided September 21, 1963

Do Fisheries Corporation's agent, Attorney Jin-hun, Song Young-young, and Justice Park Young-young

Seoul Central District Court Order 79Ka11714 Dated May 5, 1979

The special appeal is dismissed.

With respect to special grounds for appeal:

According to the reasoning of the original decision, the court below decided that the judgment of the provisional execution ordering the revocation of the provisional disposition cannot be applied for the suspension of compulsory execution pursuant to Articles 473 and 474 of the Civil Procedure Act on the ground of filing of an appeal. This opinion is justified in the above decision of the court below on the present situation where it is consistent with the purport of the established precedents of the party members (63.9.21, 63.21, 69.2. 18. 69.2. 69. 30, 69. 10. 69. 2, 69. 30) and it does not feel the necessity for the alteration of the precedents.

Therefore, there is no reason to argue that the order of the court below is illegal such as infringement of law and constitutional violation.

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

Justices Sap-ho (Presiding Justice) Jap-ho (Presiding Justice)