[가처분명령][집8민,093]
The jurisdiction over the case of preliminary injunction before the filing of a petition of appeal after the appellate court rendered a judgment on the merits case
Even if an application for provisional disposition was made after a judgment was made in the second instance of the case on the merits, the case on the merits is still pending in the same court, so the court shall have exclusive jurisdiction over the case on the application for provisional disposition order, since the record is still pending in the same court.
Articles 762 (proviso) and 29 of the Civil Procedure Act
Ise-Woo
Gwangju High School
On May 28, 1959, each case on the merits as of May 28, 195, at the time when the application for the order of provisional disposition in this case was filed with the competent court for the short-term period from mobilization of the application for this case, including the confirmation No. 263, 264 and 265 of the Gwangju High Court short-term 1958, which is the main subject matter, was confirmed to have been recorded in the same court and sent to the Supreme Court by the party's final appeal. In such a case, the merits case is pending in the Gwangju High Court, which is the public prosecution, and thus, the mobilization is the exclusive jurisdiction court for the application for the order of provisional disposition in this case under Article 29 of the proviso of Article 762 of the Civil Procedure Act, and the mobilization is dismissed for lack of jurisdiction due to a defect in the interpretation of the same Article, and it shall be tried again by the Gwangju High Court.
Justices Byunok-ju (Presiding Justice)