1. According to the reasoning of the judgment of the court below, since the above real estate listed in the separate list No. 1 (hereinafter the above real estate) was originally owned by the co-defendant at the time of the above provisional disposition by taking account of the following facts: on January 27, 1988, the non-party 2's obligation to restore the above real estate under the above list No. 1 (6) was extinguished by the non-party 5's provisional disposition; on February 8, 198, the establishment registration of the above provisional disposition was completed for the non-party 37,500 won at the time of the above provisional disposition, and each of the above real estate was revoked by the non-party 2's request for the cancellation of the above provisional disposition under the name of the non-party 9's provisional disposition, and each of the above provisional disposition No. 92Ka-1228's provisional disposition was revoked, and the plaintiff was still entrusted to the non-party 1 to the above non-party 2's auction auction on the same date.

2. However, the entry of provisional disposition, however, cannot be made by the creditor or debtor directly by applying for it to the registry official, and must be made by the commission of the court. If the entry of provisional disposition, which is prohibited from being applied by the party, is cancelled by the commission of the court, the registration of recovery should also be made by the commission of the court. In this case, the creditor of provisional disposition prohibited from being disposed of has no benefit of demanding the implementation of the procedure for registration of recovery of provisional disposition cancelled.

Therefore, in this case, even if the plaintiff is the creditor of the above provisional disposition entry registration cancelled by the plaintiff and the defendant is the owner of the above provisional disposition registration at the time of cancellation of the above provisional disposition entry registration, the plaintiff cannot seek the execution of the above provisional disposition entry registration procedure against the defendant. However, if the factual relations are as acknowledged by the court below, the defendant who has completed the registration of transfer of ownership on the real estate at the time of cancellation of the above provisional disposition entry registration shall be deemed to be a third party with an interest in the registration when the court entrusts the restoration of the above provisional disposition entry registration. Thus, the plaintiff may file a lawsuit against the defendant for acceptance of the procedure for restoring the above provisional disposition entry registration at the court's commission.

Therefore, the judgment of the court below which accepted the plaintiff's preliminary claim against the defendant on the premise that the creditor on the registration of provisional disposition prohibiting disposal was able to demand the owner of the real estate at the time of cancellation of the registration procedure for recovery of entry in provisional disposition, and that the court below erred in the misapprehension of legal principles as to the cancellation and recovery of the registration of provisional disposition prohibiting disposal. This point is with merit.

3. Therefore, without further proceeding to decide on the remainder of the grounds of appeal, the part concerning the conjunctive claim against the Defendant among the judgment below is reversed, and that part of the case is remanded to the court below. It is so decided as per Disposition by the assent of all participating Justices

Justices Chocheon-sung (Presiding Justice)