If an appeal is filed against a judgment with respect to a declaration of provisional execution and an appeal is filed against the rejection of the application for the suspension of compulsory execution (negative)

No appeal shall be filed against a judgment with a declaration of provisional execution, and a request for the suspension of compulsory execution filed is accepted or dismissed, or any objection shall be raised against such ruling.

Articles 474 and 473(3) of the Civil Procedure Act

Supreme Court Order 66Ma711 dated October 20, 1966 Dated April 20, 1964 Dated August 31, 1965 Dated August 31, 1965>

Special Appellants

Daejeon District Court Order 81Ka547 dated July 15, 1981

The special appeal is dismissed.

The grounds for special appeal are examined.

The proviso of Article 473 (3) of the Civil Procedure Act, which is applicable mutatis mutandis under the provision of Article 474 of the same Act, shall be applied to the judgment dismissing it, not to apply only to the judgment that cited the suspension or cancellation of compulsory execution under paragraph (1) and the suspension of compulsory execution without security under paragraph (2) (see Supreme Court Order 66Do5, Oct. 20, 196).Therefore, in this case where a request for suspension of compulsory execution is dismissed, it shall not be admitted that the objection should be permitted.

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

Justices Lee Chang-chul (Presiding Justice)