Whether the assertion that there is no claim that is a substantive legal relationship is a ground for re-appeal against the decision on the right to substitute execution.

As long as formal title of debt exists, the dispute over the existence of a claim, which is a substantive legal relationship, is not a ground for re-appeal against the decision ordering substitute execution.

Article 692 of the Civil Procedure Act, the latter part of Article 389(2) of the Civil Act

Appellant 1 et al.

Seoul High Court Order 79Ra10 Dated February 19, 1979

All reappeals are dismissed.

The Re-Appellants' grounds for re-appeal are examined.

As long as a formal title of debt exists, a dispute over the existence of a claim, which is a substantive relation of rights, shall not be a re-appeal against a decision ordering a substitute execution. Thus, the Seoul Civil District Court Decision 78Gahap1509, which is the judgment of the first instance court, is lawful and the order of the court below that maintained the above decision on the right to substitute execution based on the final judgment with an executory declaration of provisional execution, which is the judgment of the court of first instance, is also legitimate. Therefore, all arguments are groundless.

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

Justices Yu Tae-hee (Presiding Justice)