(a) Method of appeal regarding a decision on preservative measure by the appellate court;

B. Whether the decision ordering a provisional disposition is subject to a special appeal (negative)

A. The debtor or the respondent can raise an objection to the court that issued the preservative measure pursuant to Articles 715 and 703 of the Civil Procedure Act, and even if the decision was made by the appellate court, it cannot be asserted as a reappeal pursuant to Article 412 of the same Act.

B. The special appeal stipulated in Article 420 of the same Act may be filed against the decision against which a complaint cannot be filed, and the decision against the order to order a provisional disposition may be appealed by an objection. Thus, the decision ordering a provisional disposition cannot be subject to a special appeal because it does not constitute a decision against which a complaint cannot be filed.

(a)Articles 703 and 715 of the Civil Procedure Act, Article 412(b) of the same Act;

A. Supreme Court Order 90Ma1001 Dated January 27, 1970 Dated July 26, 1973, 73Ma656 Dated July 26, 197 (No. 90Ma81, 1283) dated March 29, 1991 (Gong1991, 1283) B. Supreme Court Order 80Ma9 Dated July 25, 1980 (Gong1980, 13082)

Seoul High Court Decision 200Na1484 decided May 1, 200

Seoul High Court Order 91Ra38 Dated May 29, 1992

The special appeal shall be dismissed.

We examine ex officio.

According to the records, as a result of the applicant's appeal against the ruling dismissing the application for provisional disposition of this case by the court of first instance, the court of original judgment rendered a ruling citing the application for provisional disposition of this case without pleading, and as the respondent re-appeals this, it is clear that the court of original judgment sent the records of trial by treating it as a special appeal.

However, an obligor or respondent may raise an objection to the court that issued the preservative measure pursuant to Articles 715 and 703 of the Civil Procedure Act, and even if the decision was made by the appellate court, it cannot be raised against the reappeal pursuant to Article 412 of the same Act (see Supreme Court Order 90Ma819, Mar. 29, 191; etc.). In addition, the special appeal stipulated in Article 420 of the same Act can be raised against the decision to order a provisional disposition, and as such, the decision to order a provisional disposition does not constitute a decision that is not entitled to appeal, and thus, the decision to order a provisional disposition does not constitute a special appeal (see Supreme Court Order 80Ma819, Jul. 25, 1980).

Therefore, the special appeal of this case cannot be dismissed as it is unlawful, so it is so decided as per Disposition by the assent of all participating Justices.

Justices Park Jong-dong (Presiding Justice) Kim Sang-ho (Presiding Justice)