Relationship between an immediate appeal and the termination of compulsory execution against an objection to the method of execution and a dismissal ruling thereof;

An objection to the method of execution refers to an objection against a court of execution by a party or a third party who has an interest in the procedure of execution only when there is a defect in the formal procedure regarding the method of execution or the procedure of execution to be observed by a collection officer in the execution act. Thus, as long as the court of execution does not make a provisional disposition of temporary suspension of execution prior to the judgment of the court of execution, the suspension of execution has no effect, and even in the case of an immediate appeal against a decision of dismissal, it is effective only when there are special provisions in Acts. Thus, an objection to the method of execution cannot be raised after the execution has already been completed, and even in the case of an objection against the method of execution or the immediate appeal against the decision of dismissal where the compulsory execution is in progress, even if the compulsory execution is completed, the objection or immediate appeal seeking the refusal will lose the object

Article 504 of the Civil Procedure Act

Supreme Court Order 66Ma940 Dated October 27, 1966 79Ma150 Dated October 29, 1979

[Judgment of the court below]

Daegu District Court Order 87Ra50 dated September 25, 1987

The reappeal is dismissed.

The grounds of reappeal are examined.

An objection to the execution method means an objection against the execution court only if there is a defect in the formal procedure regarding the execution procedure to be observed by the executing officer in the execution method or the act of enforcement. As such, even if the execution court does not make a provisional disposition ordering a temporary suspension of execution before the judgment, an objection to the execution method has no effect of suspending execution, and as such, in applying Article 417 of the Civil Procedure Act concerning the effect of suspending execution by an immediate appeal, an objection to the execution method can not be raised after the completion of compulsory execution, and as such, an objection to the execution method cannot be raised again after the completion of this case's objection to the delivery method or the immediate appeal against the owner of the above real estate has already been filed, and as such, an objection or an objection to the provisional disposition against the owner of the above real estate has already been rejected by the court below, the court below's decision of rejection cannot be deemed to be unlawful as it has no interest in the objection or appeal (see, e.g., Supreme Court Decision 96Da17819, Oct. 16, 19796).7

Therefore, the reappeal is dismissed, and it is so decided as per Disposition by the assent of all participating judges.

Justices Park Jong-dong (Presiding Justice)