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Please tell me how to apply for a stay of compulsory execution.
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Recently, I received a losing judgment at the first instance in a payment dispute lawsuit. I am still preparing an appeal, but the other party notified me that they will soon carry out compulsory execution against my property. I thought that filing an appeal would automatically halt the execution, but I was told that is not the case. How exactly do I apply for a stay of compulsory execution?
stay of compulsory execution
Answer to Related Inquiry
Author: 정찬우
Even where you have received a losing judgment in a lawsuit, if you immediately file an appeal the judgment does not become final, but filing an appeal alone does not automatically stay compulsory execution.
In other words, the other party (the creditor) can still carry out compulsory execution based on the court's judgment, such as account attachment, real estate auction, and wage attachment.
At this time, the debtor must separately file an application for a stay of compulsory execution with the court in order to temporarily halt the execution.
A stay of compulsory execution is a system to prevent the debtor's property from being forcibly disposed of until the judgment becomes final in the appellate court.
To obtain a stay of compulsory execution, you must first submit the appeal petition to the competent court.
Thereafter, you attach a certificate of filing the appeal and a copy of the first-instance judgment and submit the application for a stay of compulsory execution to the court, and that is sufficient.
If the court accepts the application, a decision to stay compulsory execution is finally rendered.
At this time, this decision is possible without oral argument, but no objection to it is permitted,
In addition, the decision alone does not produce the stay's effect; the effect arises only when the original of the stay decision is submitted to the enforcement agency.
Moreover, even if you obtain a stay decision, where the creditor has already commenced compulsory execution and the attachment or collection has been completed, it cannot be retroactively canceled, so you must recognize that a prompt application is necessary.
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