Whether an immediate appeal against a sale order under Article 241(1)2 of the Civil Execution Act is a legitimate ground for appeal against a sale order, such as the grounds for filing an immediate appeal, the extinguishment of an execution claim, etc. (negative)

An immediate appeal against an order of sale under Article 241 (1) 2 of the Civil Execution Act may only be filed on the ground of defects in the matters to be observed after investigation by the court of execution when issuing a sale order, such as whether the executory exemplification has been delivered and whether it is delivered, whether the requirements for commencement of execution have been met or not, and the existence of reasons for obstruction of execution, and any substantive reasons such as the extinguishment of the executory claim shall not be a legitimate reason

Article 241(1)2 of the Civil Execution Act

Supreme Court Order 2013Ma1438 Decided September 16, 2013 (Gong2013Ha, 2103)

Creditor (Attorney Lee Jae-sik, Counsel for the plaintiff-appellant)

The debtor

Busan District Court Order 2020Ra2587 dated November 17, 2020

The order of the court below is reversed, and the case is remanded to Busan District Court.

The grounds of reappeal are examined.

An immediate appeal against a sale order under Article 241(1)2 of the Civil Execution Act may be filed only for the reason of defects in matters to be observed after investigation by the court of execution when issuing a sale order, such as whether an executory exemplification has been delivered and whether it has been delivered, whether the requirements for commencing execution have been satisfied, and whether there has been a cause for interference with execution, and any substantive reason such as extinguishment of an executory claim does not constitute a legitimate reason for appeal (see Supreme Court Order 2013Ma1438, Sept. 16, 2013, etc.).

On July 20, 2020, the lower court acknowledged that the obligor deposited the obligee KRW 7,615,500 as the person to whom the deposit was made, and that the obligee submitted the written waiver of distribution to the executing court after receiving the said deposit, and subsequently, on the ground that the execution claim of this case has ceased to exist in full due to repayment, the lower court accepted the obligor’s immediate appeal and dismissed the obligee’s application for the sale order of this case, and dismissed the obligee’s application for the

However, in light of the above legal principles, even if the execution bond of this case was entirely extinguished due to repayment, such substantive reasons cannot be a legitimate ground for appeal against the sale order of this case. The grounds for appeal pointing this out are with merit.

Therefore, the order of the court below is reversed and the case is remanded to the court below. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Kim Jae-hyung (Presiding Justice)