가처분취하 및 집행해제절차이행
The judgment of the court below is reversed.
The judgment of the first instance is revoked, and the lawsuit of this case is dismissed.
The Defendants’ total cost of litigation.
The grounds of appeal are examined ex officio before judgment.
In cases where the entry registration of provisional disposition is cancelled due to the achievement of the purpose of provisional disposition while a lawsuit seeking the withdrawal of an application for prohibition of disposal of real estate or the implementation of the procedure for cancellation of execution, there is no legal interest to seek the withdrawal of an application for provisional disposition or the implementation of the procedure for cancellation
(See Supreme Court Decision 2005Da14779 Decided May 27, 2005; Supreme Court Order 2006Ma1333 Decided June 8, 2007; Supreme Court Decision 2014Da66116 Decided February 12, 2015, etc.). Reviewing the reasoning of the lower judgment and the record reveals the following.
On December 16, 2005, the Defendants received a provisional disposition prohibiting the disposal of the apartment on the land, E, and 15 lots of land (hereinafter “instant apartment”) from the Plaintiff (hereinafter “instant provisional disposition”).
On December 27, 2005, upon the request for provisional disposition registration under the above decision, each registration of ownership preservation in the name of D and the provisional disposition registration in the name of the Defendants was completed in sequence with respect to the apartment of this case.
The Plaintiff filed a claim against the Defendants for the withdrawal of the application and the revocation of the execution of the instant provisional disposition against the said 101 apartment units.
After the judgment of the court below was rendered, on August 10, 2015, the apartment building 101 unit in the instant case, the Defendants became the co-ownership transfer registration of 1/2 shares, and the registration made after the provisional disposition registration of this case was revoked. The provisional disposition registration of this case was also revoked after the provisional disposition registration of this case became the purpose of provisional disposition.
Therefore, the judgment of the court below cannot be maintained as it is, since the lawsuit of this case seeking the withdrawal of the application for provisional disposition of this case and the implementation of the procedure for rescission of execution had no interest in the lawsuit pending in the appeal
Therefore, without further proceeding to decide on the grounds of appeal, the judgment of the court below is reversed, and this case is sufficient for the court to directly decide.