In the case where it is deemed that the provisional disposition creditor has lost in the lawsuit on the merits after the decision on provisional disposition is made and that the judgment is not likely to be changed in the higher court, whether the decision on provisional disposition may be revoked on the grounds of change in circumstances (affirmative), and the method of determining whether the judgment against the provisional disposition creditor in the lawsuit on

Where it is deemed that the provisional disposition creditor has lost in the lawsuit on the merits after the decision of provisional disposition is made and that there is no concern that the judgment will be changed in the higher court, the decision of provisional disposition may be revoked on the grounds of change of circumstances, and whether there is a possibility that the judgment of the provisional disposition creditor in the lawsuit on the merits may be changed in the appellate court shall be determined on the basis of the allegations and evidence of the parties submitted up to that time

Articles 288 and 301 of the Civil Execution Act

Applicant

Respondent (Law Firm Jin Law, Attorneys Won-Gyeong et al., Counsel for defendant-appellant)

Seoul High Court Order 2006Kahap1184 dated October 12, 2007

The reappeal shall be dismissed. The costs of reappeal shall be borne by the respondent.

The grounds of reappeal are examined.

If it is deemed that the provisional disposition creditor has lost in the lawsuit on the merits after the provisional disposition is decided, and that the judgment is not likely to be changed in the higher court, the provisional disposition decision may be cancelled on the grounds of change of circumstances, and whether the judgment against the provisional disposition creditor in the lawsuit on the merits is likely to be changed in the appellate court shall be determined on the basis of the allegations and methods of evidence by the parties submitted up to that time on the basis of the date of termination of

According to the reasoning of the order of the court below, the court below determined that the provisional disposition of this case should be revoked on the ground that the respondent had the right to claim the cancellation of ownership transfer registration due to the revocation of fraudulent act against the applicant as the preserved right, but the first instance court and the appellate court rendered a judgment against the applicant on the ground that the preserved right is not recognized, and that the above judgment against the applicant is not likely to be changed in the final appeal, and that the provisional disposition of this case should be revoked on the ground that there is no need to maintain any change in circumstances.

In light of the above legal principles and records, we affirm the above fact-finding and judgment of the court below as just and there is no error of law such as misunderstanding of legal principles or misunderstanding of facts as otherwise alleged in the ground of appeal

Therefore, the reappeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Kim Ji-hyung (Presiding Justice)