Uijeongbu Law Firm | Uijeongbu Attorney, Assisting the Client to Obtain a Granting of a Stay of Compulsory Execution

An application for a stay of compulsory execution refers to a request to the court to temporarily 🔗stay execution of compulsory enforcement, such as attaching property or proceeding with an auction under a final judgment or the like.

If a judgment includes a declaration of provisional execution, the creditor may obtain a writ of execution and carry out compulsory execution to achieve their objective even though an appeal has been filed and the judgment has not become final. In this case, the debtor may file an application for a stay of compulsory execution and temporarily stay the execution until the judgment becomes final.

The client borrowed about 30 million won from the respondent about 20 years ago.

At that time, the client and the respondent prepared a loan certificate for the loan and, at the respondent's request, prepared a loan certificate for 50 million won by adding 10 million won in accrued unpaid interest to the 30 million won principal and a further 10 million won as a reserve against unpaid interest.

In addition, they entered into a mortgage establishment contract setting the maximum secured amount at 60 million won and established a mortgage on real estate owned by the applicant.

After completing the establishment of the mortgage, the client thereafter paid the respondent 45 million won to the respondent's account in about 30 installments.

The Uijeongbu law firm argued that the client had believed the debt to be fully repaid.

This was because the respondent had not made any demand for the debt against the applicant until serving the certified copy of the decision to commence the auction proceedings for the real estate in this case.

On the basis of the same set of facts described above, the client sought cancellation of the mortgage registration in this case against the respondent.

The Uijeongbu law firm emphasized that, because the respondent had applied for an auction to enforce a security right on the real estate based on the mortgage in this case and a decision to commence the auction had been issued, the application was filed to seek a stay of the compulsory execution until the judgment in the case seeking cancellation of the mortgage registration became final.