Where a decision of provisional disposition prohibiting disposal of real estate, which was the basis of the judgment of the court below, is revoked after the final date for pleading, its revocation

If a decision of prohibition of provisional disposition is revoked by judgment after the closing of argument in the main office, the reason therefor falls under paragraph (1) 8 of this Article.

The proviso of Article 422(1) and Article 422(1)8 of the Civil Procedure Act

Yellow Cheong-si

Hackology

Daegu District Court Decision 61No812 delivered on March 8, 1962

The original judgment shall be reversed and the case shall be remanded to the Daegu High Court.

Recognizing the fact that the plaintiff purchased real estate on June 7, 1961 from the Non-party Yellow Book and completed the ownership transfer registration, it is evident that the plaintiff rejected the plaintiff's principal claim on the grounds that the previous decision was rendered on April 24, 1961. However, in accordance with the proviso of Article 422(1) of the Civil Procedure Act, the grounds for retrial against the principal claim are naturally the grounds for retrial under the proviso of Article 422(1) of the same Act, and if a civil or criminal judgment or other judgment or administrative disposition based on the judgment under Article 422 subparagraph 8 of the same Act is changed by a different judgment or administrative disposition, the above grounds for retrial are naturally the grounds for appeal, and the above provisional disposition was revoked by the Daegu High Court's judgment on March 8, 1962, which was the last date for pleading and June 7, 1962, which was the date for which the court below's final decision was made, and there is no dispute between the defendant and the defendant on the grounds that judgment was modified by the changed judgment.

The judge of the Supreme Court (Presiding Judge) Ma-Ma-man (Presiding Judge) Ma-man Ma-man Ma-man Ma-man Ma-man Ma-man