Applicant Co., Ltd. (Appellant Incheon Civil Law, Attorneys Choi Ho-ho et al.)

The objection of this case is dismissed.

The decision to dismiss an applicant's application for the registration of real estate No. 33233 of the receipt on June 5, 2008 shall be revoked, and the registrar shall accept the above application for registration and execute the registration according to the purport thereof.

1. Facts of recognition;

The record reveals the following facts:

A. On March 28, 2008, the applicant filed a provisional injunction against real estate disposal with the Seoul Southern District Court against the Housing Guarantee Co., Ltd. (hereinafter “the other party company”) (hereinafter “the other party company”) and received a decision of provisional injunction against real estate disposal on March 28, 2008, and accordingly the provisional injunction registration was completed.

B. However, the other party company filed an objection against the above provisional disposition order, and the above court revoked the above provisional disposition order in the case of objection against provisional disposition No. 2008Kahap773, and decided to dismiss the applicant's application for provisional disposition. After that decision, the above provisional disposition registration was revoked on May 28, 2008 upon request of the other party company.

C. At the same time, the applicant filed an immediate appeal against the above decision of revocation of provisional disposition, and applied for the suspension of validity of the decision of revocation of provisional disposition, and the above court rendered a decision that the effect of the provisional disposition is suspended until the appellate court rendered a judgment of revocation of provisional disposition No. 2008Kahap773 in the above case of the application for suspension of validity of provisional disposition.

D. The applicant filed the same application for registration as stated in the purport of the application with the original copy of the decision to suspend its validity and the certificate of acceptance of an immediate appeal, but the registrar rejected the application.

2. The claimant's assertion and judgment

A. The applicant asserts that the application for registration of the applicant is a registration of recovery, and that the effect of the decision of revocation of the above provisional disposition is suspended by the decision of validity suspension until the appellate trial is declared, and that the registration of cancellation of provisional disposition should be cancelled by the reason of the decision of revocation

B. Generally, it is impossible to register recovery as to the cancellation of the registration of temporary injunction, which was conducted by the execution of the decision to revoke provisional injunction, because the registration is subject to illegally cancelled registration.

In addition, when the execution of provisional disposition is cancelled before the judgment of the suspension of effect against the provisional disposition is rendered, the judgment of the suspension of effect of the provisional disposition cannot be conducted, and even if it is imposed subsequent to the judgment of suspension of effect, the judgment of suspension of effect cannot be executed differently unless it becomes final and conclusive after the execution of provisional disposition is revoked by contact with the provisional disposition.

3. Conclusion

Therefore, the petitioner's objection of this case is dismissed as it is without merit, and it is so decided as per Disposition.

Judges Kim Jong-soo