A person entitled to security may file an application for the cancellation of security on behalf of the offerer of security.

With respect to the right to claim a return of deposit for the suspension of the debtor's compulsory execution by the name of debt of the judgment of the declaration of provisional execution, the creditor who has the right to claim a return of the deposit can file an application for the cancellation of the security on behalf of the debtor

Articles 113 and 475 of the Civil Procedure Act

Re-appellant

Other Party

Seoul High Court Decision 69Ra23 delivered on September 4, 1969

The reappeal is dismissed.

The re-appellant's grounds for re-appeal are examined.

According to the records, the other party seized the property owned by the re-appellant with the declaration of provisional execution ordering to pay the amount of KRW 547,000 and an amount of KRW 55% per annum from June 24, 1968 to the full payment system. The other party, after the declaration of provisional execution, ordered the re-appellant to provide security of KRW 554,00,00 and executed the decision for cancellation of compulsory execution. The other party can recognize that this decision was delivered to the Republic of Korea, which is the debtor and the third debtor, with the attachment and assignment order for the right to claim the return of the deposit under the name of the debtor after the declaration of provisional execution. Thus, the other party as the secured right holder can be deemed to have received an application for security on behalf of the debtor and the third debtor. Thus, the original decision that maintained the other party's declaration of provisional execution has lost its validity due to the cancellation of compulsory execution is justifiable, and there is no violation of law.

Therefore, the reappeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices.

Justices of the Supreme Court (Presiding Judge) Park Jae-dong (Presiding Judge)