Whether the grounds for revocation of such provisional attachment or provisional disposition, which occurred after the decision of provisional attachment or provisional disposition, can be the grounds for objection (affirmative)

The grounds for an objection against the decision of provisional attachment or provisional disposition include all the grounds for the existence of the preserved right and the necessity for its preservation which have arisen until the closing of argument. Therefore, the grounds for revocation of provisional attachment or provisional disposition that have occurred after the decision may also be the grounds for objection against provisional attachment or provisional disposition.

Articles 703, 706, and 715 of the Civil Procedure Act

Attorney Park Jae-sik et al., Counsel for the applicant

Respondent 1 and 15 others, Counsel for defendant-appellee

Daegu High Court Decision 80Na498 delivered on February 18, 1981

The appeal is dismissed.

The costs of appeal shall be assessed against the petitioner.

We examine the applicant's grounds of appeal.

In regard to an objection against the decision of provisional attachment or provisional disposition, the debtor can assert all the grounds arising from the existence of the preserved right and the necessity for its preservation until the closing of argument. Therefore, even if the grounds for revocation of provisional attachment or provisional disposition occurred after the decision are changed, the legal principles that can be considered as the grounds for objection to provisional attachment or provisional disposition even if the case is in progress, if there is a change in circumstances, it is merely an independent opinion that the execution court must apply for the cancellation of provisional attachment or provisional disposition due to changes in circumstances, and it cannot be accepted.

Therefore, the appeal is dismissed without merit, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Lee Il-young (Presiding Justice)