2015Kadan2729 Revocation of provisional disposition

1. A;

2. B

C Regional Housing Association

1. The motion of this case is dismissed.

2. The litigation costs shall be borne by the applicant;

With respect to the case of a provisional injunction against disposal of real estate 2015Kadan1600 between the above parties, this Court shall revoke the provisional injunction decision made on April 21, 2015 (hereinafter referred to as "the provisional injunction decision of this case") by this Court.

The petitioners have not received the lease deposit from the tenants of the instant real estate newly contracted due to the instant provisional disposition, and accordingly, seek a provisional revocation disposition based on special circumstances, by asserting that there was enormous economic loss, such as failing to refund the lease deposit from the previous tenants whose contract expires.

"Special circumstances" in Article 307 of the Civil Execution Act refers to ① the circumstance that the right to be preserved by a provisional disposition would be able to obtain a final satisfaction with monetary compensation; ② the circumstance that the debtor would incur a greater loss than the ordinary damages by the provisional disposition; and even in the absence of one of these circumstances, the circumstance constitutes a special situation.

However, it is not enough to recognize that the applicant's assertion and the materials submitted alone have the above special situation.

Therefore, the petition of this case is dismissed as it is without merit.

Judges Kang Dong-gu