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(영문) 대법원 1969. 12. 12.자 69그19 결정
[강제집행정지명령에대한특별항고][집17(4)민,179]
Main Issues

Even if an appeal was filed against the judgment on provisional disposition, Article 473 and Article 474 of the Civil Procedure Act can not be applied mutatis mutandis by nature.

Summary of Judgment

Even if an appeal was filed against the judgment on provisional disposition, Article 473 and Article 474 of the Civil Procedure Act can not be applied mutatis mutandis by nature.

[Reference Provisions]

Articles 473 and 474 of the Civil Procedure Act

Reference Cases

Notice 69g2 of October 30, 1969 69g1 of February 1, 1969

Special Appellants

The Korea Education Insurance Co., Ltd. and two others

upper protection room:

Korea

Name of the Republic of Korea:

Seoul Central District Court Order 69Ka14289 dated November 3, 1969

Text

The original decision shall be reversed, and the application for suspension of compulsory execution shall be dismissed.

Reasons

For the special appeal of the agents of special appeal:

According to the reasons for this order of provisional disposition, if the Republic of Korea (the applicant for provisional disposition, the appellant for the provisional disposition, and the other party for the provisional disposition) is the applicant for the above order of provisional disposition, it is reasonable to revoke the above order of provisional disposition with respect to the provisional disposition as well as to revoke the above provisional disposition by the court's order of provisional disposition with respect to the sale and transfer of the real estate as the respondent for the provisional disposition (the respondent for the provisional disposition order, the respondent for the provisional disposition order), and the above provisional disposition order cannot be revoked by the court's order of provisional disposition with respect to the above provisional disposition, even if the above provisional disposition order of provisional disposition cannot be revoked by the court's order of provisional disposition with respect to the above provisional disposition, and the above provisional disposition order of provisional disposition cannot be revoked by the court's order of provisional disposition with respect to the above provisional disposition of provisional disposition which has been rejected by the court's ruling of provisional disposition of 9. The above provisional disposition order of provisional disposition cannot be revoked by the court's order of provisional disposition of 9.

Therefore, it is so decided as per Disposition with the assent of all participating judges.

The judges of the Supreme Court (Presiding Judge)

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심급 사건
-서울민사지방법원 1969.11.3.자 69카14289
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