The meaning of the lawsuit on the merits in filing an application for revocation of provisional disposition on the grounds of change in circumstances.

In the application for revocation of provisional disposition on the ground of change of circumstances, the right to preserve the provisional disposition case and the lawsuit on the merits will be determined by the purport of the application, the cause of the application, the purport of the lawsuit on the merits and the cause of the claim.

Articles 715 and 706 of the Civil Procedure Act

Boba and 8 others

School Foundation Yong-Nam Private Teaching Institutes

Daegu District Court of First Instance (73Ga2628)

The original judgment shall be revoked.

With respect to the case of provisional disposition on real estate between the applicant and the respondent, the decision of provisional disposition rendered by the court on May 16, 1972 shall be revoked.

All the costs of lawsuit shall be borne by the respondent.

The same shall apply to the order.

On May 16, 1972, the Daegu District Court made a provisional disposition order stating that "the respondent, etc. (the respondent, etc.) shall not sell or transfer the above real estate, establish the right of lease, or take any other action against each real estate on the attached list." On August 1, 1972, the above decision was executed, and on August 1, 1972, the Daegu District Court 72Gahap687 decided against the applicant, Daegu District Court 72Gahap687 decided on August 1, 197 that the school juristic person, the telegraph of the respondent, as the representative of the applicant, purchased the real estate on the attached list from the applicant in the name of the respondent and the non-applicant's name on March 21, 1973. However, the fact that the sales contract on the above real estate was concluded between the applicant and the non-applicant's office and the non-applicant's office on the attached list, but there is no evidence that there was no dispute between the above school juristic person and the respondent's office.

The Respondent and the Respondent's Respondent's Respondent's Respondent's Respondent's Respondent's Respondent's 72Ga687 and the above Respondent's Respondent' 2's Respondent's Respondent's Respondent's Respondent's Respondent's Respondent's Respondent's Respondent's Respondent's Respondent's Respondent's Respondent's Respondent's 6th Respondent's Respondent's Respondent's Respondent's 7th Respondent's Respondent's Respondent's Respondent's Respondent's Respondent's Respondent's Respondent's 6th Respondent's Respondent's Respondent's Respondent's Respondent's Respondent's Respondent's Respondent's 2th Respondent's Respondent's Respondent's Respondent's Respondent's Respondent's Respondent's 6th Respondent's Respondent's Respondent's 7th Respondent's Respondent's 6th.

Therefore, the principal lawsuit corresponding to the provisional disposition case is the case No. 72Gahap687, and the lawsuit is finalized on April 22 of the same year after the judgment against the respondent was rendered on March 21, 1973. Thus, the decision of provisional disposition is to be revoked because the circumstances at the time of the decision was changed. Thus, the judgment of provisional disposition is revoked under Article 386 of the Civil Procedure Act as it is unreasonable in this conclusion, and the decision of provisional disposition is revoked, and it is so decided as per Disposition by applying Articles 96 and 89 of the same Act with respect to the cost of lawsuit.

Judges Park Jae-sik (Presiding Judge)