Even if the request for summons of the other party of the applicant for provisional disposition under Article 721 (1) of the Civil Procedure Act was submitted after the expiration of the period, the other party shall be summoned before the cancellation of the provisional disposition upon the debtor's request and the hearing chain as to the legitimacy of the provisional disposition shall

When the district court having jurisdiction over the location of the object in dispute has taken a provisional disposition, the competent court of the merits shall summon the other party and examine and determine the propriety of the provisional disposition, and shall not dismiss the request for summons for the reason of the lapse of the period, even if the request for summons was submitted after the lapse of the period for summons by the other party.

Article 721(1) of the Civil Procedure Act

Park Young-hwan

D. D.S.T.

Seoul High Court Decision 61Do106 delivered on June 2, 1961

When the district court having jurisdiction over the location of a dispute takes a provisional disposition, the applicant shall apply for the summons of the other party to the competent court on the merits of the case within the period set by the superior court in order to hold a pleading as to the propriety of the disposition. If the period has been expired, the district court shall cancel the disposition if the debtor applies for the summons, but even if the request for summons of the other party was submitted after the lapse of the period, the competent court on the merits of the case shall summon the other party before the cancellation of the provisional disposition upon the debtor's request and shall not dismiss the request for summons on the grounds of the lapse of the period. The court below shall not dismiss the request for summons on the grounds of the lapse of the period. The court below erred by misapprehending

Justices Doh-don (Presiding Justice)