The case holding that the lawsuit of this case was erroneous.

On the ground that a lawsuit pending in the court of final appeal applied for a provisional disposition decision to the district court, it cannot be deemed that the lawsuit is the principal lawsuit in the case of such provisional disposition, and in the event that the parties' rights are not exercised or are likely to be considerably difficult to enforce it due to a change in the current state of the dispute regardless of the above pending lawsuit, the court of first instance which is the court of first instance may apply for the provisional disposition decision to the competent court of first instance. Therefore, it is difficult to clarify whether a claim to be preserved by the provisional disposition decision is a claim in the lawsuit in which the previous lawsuit is pending or a claim to be preserved by future lawsuit without considering the reasons

Article 706 of the Civil Procedure Act

Applicant

Respondent

Daegu District Court Decision 69Na220 delivered on November 25, 1969

We reverse the original judgment.

The case shall be remanded to the Daegu High Court.

The respondent's grounds of appeal are examined.

According to the reasoning of the judgment of the court below, as the respondent stated in Gap evidence Nos. 1, 2 and 3 and Eul evidence Nos. 4-1, filed a lawsuit against the applicant for a cancellation of ownership transfer registration at the Daegu District Court on Oct. 15, 1965, which had been decided against the respondent on Oct. 15, 1965, and the respondent had been ruled against the second instance court on July 18, 1967, which had not been held against the applicant for a provisional disposition, and it cannot be viewed that the respondent had sustained the above provisional disposition registration on the ground that the above provisional disposition Nos. 67Ka272, which had already been declared against the applicant for a provisional disposition and had not been executed on the ground that the above provisional disposition No. 4 had not been executed on the ground that the above provisional disposition No. 5 of this case had no merit in the court's decision on the provisional disposition No. 1, which had not been executed on the ground that the above provisional disposition No. 5 of this case had no merit in the above claim for cancellation of ownership transfer registration.

There is an error that the Daegu District Court 65's 65th 3248's 3248's 'the lawsuit for cancellation of the registration of transfer of ownership', which became final and conclusive in the merits of the case, should not be reversed because it has influenced the judgment, and the appeal will return to the reasoning of the appeal.

Therefore, by the assent of all participating judges, the original judgment is reversed, and the case is remanded to the Daegu High Court. It is so decided as per Disposition.

Judge Han-dong (Presiding Judge) of the Supreme Court