Cases where the court erred by misapprehending the legal principles on the subject of a provisional disposition cancellation or provisional disposition;

Even if a person who acquired ownership after the decision of provisional disposition is registered, the status of the person who acquired ownership after the decision of provisional disposition is revoked shall be the same as the person who acquired ownership before the decision of provisional disposition is cancelled, as long as the provisional disposition registration is cancelled after the execution of cancellation is completed by the decision of provisional disposition to which the decision of provisional disposition is attached.

Article 720 of the Civil Procedure Act, Article 714 of the Civil Procedure Act

School Foundation of the Education Foundation of the School Foundation

Respondent

Daegu District Court Decision 66Na647 delivered on September 3, 1968

The original judgment is reversed, and the case is remanded to the Daegu High Court.

As to the ground of appeal No. 3 by the defendant-appellant, according to the reasoning explanation in the original judgment, it can be acknowledged that the respondent transferred the land to the person other than the applicant, and that the ownership transfer registration has been made in the name other than the applicant from February 28, 1966. However, prior to the date of the above registration, the registration has already been made in February 24, 1966, and the above provisional disposition order was revoked on August 17 of the same year. However, even if the provisional disposition was revoked thereafter, the above provisional disposition was determined on February 28, 1966 that the disposition against the person other than the applicant cannot be asserted against the applicant.

However, considering that the original judgment adopted the contents of No. 24 of this case's evidence and the whole purport of pleading as evidence, the cancellation of the provisional disposition's decision is based on the first instance judgment where a declaration of provisional execution to cancel the provisional disposition's decision is attached. The provisional disposition registration of this case's real estate is interpreted as a judgment of the court of first instance where a declaration of provisional execution to cancel the provisional disposition's above provisional disposition is attached before the original judgment was cancelled, which is the first instance judgment where the above declaration of provisional execution was attached. As long as it is recognized that the provisional disposition's cancellation was completed by the above cancellation registration, the execution cannot be again cancelled, and the provisional disposition's cancellation cannot be cancelled after the execution of this case's provisional disposition's cancellation was completed, and as long as the provisional disposition's cancellation registration is cancelled after the execution of the above provisional disposition's cancellation, the above applicant is in the same status as the person who received the ownership transfer registration before the provisional disposition's cancellation registration is in the same position as the claimant's right to claim for provisional disposition's ownership.

Therefore, according to Article 406 of the Civil Procedure Act, it is decided as per Disposition by the assent of all participating judges.

The presiding judge of the Supreme Court (Presiding Judge)