The judgment of the court below is reversed, and the case is remanded to Suwon District Court.

The grounds of appeal are examined.

1. Security that a debtor under the executive title deposits to suspend compulsory execution against the executive title (hereinafter referred to as “judicial security deposit”) is aimed at securing damages and losses that may arise to the creditor due to the suspension of compulsory execution. Therefore, the basic claim itself based on the executive title subject to the suspension of compulsory execution is not secured.

Therefore, the deposit officer in receipt of a claim for payment of judicial security deposit from the person under deposit shall first confirm whether the person under deposit claims based on his/her right to claim payment of deposit money, or whether the person under deposit claims based on his/her right to claim payment of deposit money, or the person under deposit claims based on a seizure and collection order of the deposit holder's right to claim collection of deposit money, or whether the person under deposit claims based on a final and conclusive judgment on the cause of deposit, i.e., a document evidencing that the secured claim has occurred in the former case, i.e., a document that proves that the final and conclusive judgment on the damage claim due to the suspension of compulsory execution, which is the secured claim, has been submitted, or whether the consent of the depositor has been submitted, in the latter case, a seizure order, the original and original collection order or assignment order, the delivery certificate of the above order, and the assignment order should be confirmed, and in the case of an assignment order, a correction order or non-acceptance order should be issued.

This purport is also stipulated in the Regulations on Procedure, etc. for Payment of Security Deposit (Administrative Rules No. 952).

On the other hand, the deposit officer's request for withdrawal or withdrawal of deposited goods and its accompanying documents is procedural and substantive requirements provided by the deposit-related law.