In case the judgment of the court of final appeal reversed and remanded by the court of final appeal, and the cause of security offered for cancellation of enforcement is extinguished in order to escape a provisional execution.

The security offered for the cancellation of execution to be exempted from provisional execution is reversed by the final appeal court with the declaration of provisional execution, and its cause has ceased to exist at the same time.

Articles 201(1) and 115(1) of the Civil Procedure Act

Enden Research Institute, a foundation

Seoul High Court Decision 63Ka29 delivered on March 17, 1963

The order of the court below is reversed and the case is remanded to Seoul High Court.

With respect to the grounds for appeal by the appellant's agent

The order of the court below held that even if the judgment attached with the provisional execution order which was the premise of this case's compulsory execution, it cannot be deemed that the ground for security was extinguished as soon as the judgment itself has not yet become final and conclusive, but it means that the damage claim under Article 115 (1) of the Civil Procedure Act has not occurred from the beginning, as well as from the beginning, and that there exists no possibility of future occurrence, and that there is no possibility of future occurrence. Accordingly, the judgment of the court below which issued a provisional execution order has become void in the event that the judgment of the court below which issued a provisional execution had already been reversed and its provisional execution had been reversed, since there is no possibility that the damage claim to the creditor who is the security right holder would newly occur due to the debtor's cancellation, and even if the judgment of the court below was remanded without the self-determination of the judgment of the court below, the judgment of the court below which issued a provisional execution cannot be deemed to have been reversed as well as the judgment of the court below which issued a cancellation of provisional execution for the same reason as the judgment of the court below was reversed and it cannot be viewed that one of the above provisional execution.

The judge of the Supreme Court (Presiding Judge) of the Republic of Korea shall have the right to balle of the Red Madle, the right to baloman