the debtor's damages arising from the execution of the provisional disposition, if such damages have been revoked by reason of the

With respect to the year of provisional disposition, the creditor of provisional disposition shall not be negligent in the execution of such provisional disposition.

shall be liable to compensate the obligee for damages unless it proves that the obligee has asserted such damages.

This is the case.

The Plaintiff’s appeal against Defendant Lee Jae-soo is dismissed, and the costs of appeal are assessed against the Plaintiff.

(1) The plaintiff's claim for damages against the defendants was interpreted to the effect that the plaintiff suffered damage due to the plaintiff's unfair provisional injunction execution by the plaintiff's collusion with the defendant leaple, and thus, the court below held that even if there is no evidence to acknowledge that the defendant leaple caused the above unfair provisional injunction execution in collusion with the defendant leaplelelele, even though the court below held that the defendant leaple did not be liable for damages caused by the defendant leaplelele's act, since there is no evidence to acknowledge that the defendant leaplele's act committed the above unfair provisional injunction execution, even after examining the records, there is no evidence to acknowledge that the defendants conspired to execute the above provisional injunction execution by the defendant lele

(2) According to the judgment of the court below, the court below found that the plaintiff raised an objection against the plaintiff on November 6, 1961 by the decision of prohibition of entry and exit, but the provisional disposition was finally authorized and confirmed. The plaintiff filed a lawsuit against the defendants against the plaintiff for cancellation of ownership transfer registration on the ground that the plaintiff's lawsuit against the above building became final and conclusive on May 23, 1963 by the judgment of the court below on the ground that the plaintiff's lawsuit against cancellation of ownership transfer registration became final and conclusive on May 23, 1963 by the judgment of the court below on the ground that the plaintiff applied for cancellation of the provisional disposition on the ground of change of circumstances, and that the plaintiff's negligence was not found to have been dismissed due to the plaintiff's intention or negligence in the execution of the provisional disposition, and that the above provisional disposition did not have been revoked by the plaintiff's fault.

However, since the execution of the provisional disposition is based on an undetermined claim, it shall be interpreted that in principle, unless the applicant for the provisional disposition proves that there was no negligence in the execution of the provisional disposition, as to the damages incurred due to the improper execution, in principle, that the person who filed the provisional disposition is liable to compensate for the damages incurred due to the execution. If the principal lawsuit alleged by the plaintiff is finalized in favor of the plaintiff, the defendant who did not prove that there was no negligence in the execution of the provisional disposition as above is liable to compensate the plaintiff for the damages caused by the execution of the provisional disposition. However, although the court below rejected the plaintiff's claim for damages with the purport that the plaintiff's proof that the defendant leaple had proved that there was no negligence in the execution of the provisional disposition, the court below did not err by misapprehending the legal principles on the burden of proof, and it is recognized that it is necessary to re-examine and decide

Therefore, the plaintiff's appeal against the defendant Lee Jae-soo is dismissed without merit. The part against the plaintiff against the defendant leap among the original judgment is unfair, and it is so decided as per Disposition with the assent of all participating judges.

The judge of the Supreme Court (Presiding Judge) of the Red Round (Presiding Judge)