If the right of lease preserved by a provisional disposition has been made for cancellation of the registration of establishment of the right of collateral security after the provisional disposition

Since the prohibition of disposal by provisional disposition is effective only to the extent that it infringes on the right of the provisional disposition creditor, the provisional disposition creditor may deny the validity of the act of disposal within the scope of the right to be preserved, the right of lease, the use of the object and the profit, the existence of the right to collateral security, shall not interfere with the realization of the right to lease. Even if the right to collateral security established after the registration of provisional disposition has been executed, the right of lease may be set up against a third party on the basis of the judgment of the principal proposal which accepted the prior provisional disposition registration and the claim for the registration of the establishment of the right to collateral security, so the right of lease preserved by the provisional disposition shall not be infringed on by the right to collateral security.

Article 714(1) of the Civil Procedure Act

Re-appellant

Busan District Court Order 83Ra7 delivered on December 5, 1983

The reappeal is dismissed.

The grounds of reappeal are examined.

The effect of prohibition of disposal by provisional disposition is not wholly denied in relation to the creditor of provisional disposition, but it takes place only to the extent of infringing the right of the creditor of provisional disposition. Therefore, in case where the creditor of provisional disposition has received a final decision in favor of the case in the principal lawsuit as to the right to be preserved, the validity of act of disposal in violation of provisional disposition may be denied within the scope of the right to be preserved, and the right to use and benefit of the object shall not interfere with the realization of the right to lease. Even if the right to collateral security established after the registration of provisional disposition has been effected, the right to lease shall be set up against a third party based on the judgment of the principal case which cited the claim for the registration of provisional disposition and the right to lease. Therefore, the right to lease preserved by provisional disposition due to the establishment of the right to collateral security shall not be infringed, so the re-appellant cannot seek

The order of the court below to this purport is just and cannot be justified to criticize the order of the court below on the basis of its opposing opinion.

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

Justices Lee Chang-chul (Presiding Justice)