special appeal against the revocation of the procedure for compulsory execution to the real estate due to the submission of a document revoking the execution

The special appeal can only be filed against a ruling or order which is not entitled to file an objection, and there is no separate method to file an objection, and the decision or order cannot be filed against a ruling or order which has been separately prepared. Accordingly, in the procedure of the compulsory execution of real estate, the decision revoking the execution procedure is a judgment of the execution court on the procedure of compulsory execution for which the execution is not possible to file an immediate appeal, and the person who has an objection against the decision to revoke the execution may file an objection by means of objection against the execution pursuant to Article 504 of the Civil Procedure Act, so the special appeal against

Articles 420, 511, 504, and 504-2 of the Civil Procedure Act

[Plaintiff-Appellee] 90g1 dated March 27, 1990 (Gong1990, 1227)

Special Appellant 1 et al., Counsel for the plaintiff-appellant-appellant

Seoul District Court's Government's branch on December 28, 1992

All special appeals shall be dismissed.

The grounds for special appeal are examined.

1. According to the records, it is evident that the court below rendered in the procedure of compulsory execution of the real estate in this case a ruling of permission of auction to the special appellant on June 26, 192, and designated the date of payment on November 21 of the same year after the decision became final and conclusive as December 3 of the same year, and received the successful bid price from the special appellant on December 9 of the same year, and submitted the original copy of the ruling which accepted the lawsuit of objection against the claim filed by the debtor against the creditor on December 28 of the same year and its final and conclusive evidence to the court below on December 24 of the same year, on the ground that the debtor submitted to the court below on December 24 of the same year the original copy of the ruling that accepted the lawsuit of objection against the claim filed by the creditor and the decision of permission of auction, and that the decision of revocation of execution that dismissed the request for auction was unlawful

2. First of all, a special appeal can only be filed against a ruling or order which is not allowed to file an objection (Article 420 of the Civil Procedure Act). It is not possible to file an objection against a ruling or order which has a separate method to file an objection. As such, in the procedure for compulsory execution of real estate, the execution court's revocation of the execution procedure is a judgment of the execution court on the procedure for compulsory execution for which no immediate appeal is filed (Article 511 (2) of the Civil Procedure Act). A person who has an objection against the above revocation ruling may file an objection against the execution by means of objection pursuant to Article 504 of the Civil Procedure Act (see, e.g., Supreme Court Order 90Da1, Mar. 27, 1990). It is evident that the above revocation ruling cannot be filed with the Supreme Court with respect to a special appeal.

3. Thus, since the special appeal of this case is both unlawful, it is so decided as per Disposition by the assent of all participating Justices on the bench that it is not necessary to determine whether the above decision of revocation of execution is unlawful.

Justices Park Jong-chul (Presiding Justice)