Cases where there is an error of law as to the decision of revocation of provisional disposition deeming that the appeal should be treated as a special appeal under Article 420 of the Civil Procedure Act as an ordinary appeal.

In the event that the court below rendered a decision to revoke the execution of provisional disposition by providing a security by applying mutatis mutandis Articles 715 and 707 of this Act, Section 473 and Section 474 of this Act mutatis mutandis, such decision shall not be subject to appeal pursuant to the provisions of Articles 473 and Section 3 of this Act, and even if the appellant did not indicate that it was a special appeal and did not indicate that it was against the Supreme Court, the record shall be sent to the Supreme Court with special appeal.

Article 420 of the Civil Procedure Act

66Ma579 Noticed July 30, 1966

Applicant

Special Appellants

Daejeon District Court Decision 68Ka848 delivered on July 27, 1968

The special appeal shall be dismissed.

According to the records, the court below's decision (which refers to Daejeon District Court) can be known to the effect that the applicant's application for revocation of provisional disposition against entry prohibition and construction obstruction order was made on the same day by the respondent's application for provisional disposition, and that the respondent provided a security by applying Articles 473 and 474 of the Civil Procedure Act mutatis mutandis pursuant to Articles 715 and 707 of the same Act, and the respondent revoked the provisional disposition execution executed by the respondent. Accordingly, the decision of the court below is not permitted pursuant to Article 473 (3) of the Civil Procedure Act, because the special appeal stipulated in Article 420 of the same Act is permitted, and the appellant did not indicate that the objection is a special appeal, and it is not related to the Supreme Court's decision of rejection. This decision of the court below is not related to 60 weeks, and it is clear that the court below's decision of this case should be delivered to the Supreme Court. This decision of the court below as a special appeal of this case 60.6.71.

Judge Do-dong (Presiding Judge) of the Supreme Court