In the case of an application for provisional disposition, in case where the person holding the right of provisional disposition loses the lawsuit on the merits, the court shall consider that there is a change in the situation where the provisional disposition is revoked, if the judgment is not likely to be revoked

If the principal lawsuit in the case of application for provisional disposition becomes against the applicant for provisional disposition, it is deemed that there is a reason to revoke the provisional disposition if the judgment is not likely to be revoked in the higher court.

Articles 706 and 715 of the Civil Procedure Act

Kim Jong-sak et al.

J.S. T.S.T.

Seoul High Court Decision 62Na194 delivered on June 28, 1962, Seoul High Court Decision 62Na194 delivered on June 28, 1962

The judgment shall be reversed.

The case shall be remanded to Seoul High Court.

The grounds of appeal by the applicant's attorney shall be examined as to the first and second grounds of appeal.

When the principal lawsuit in the case of a provisional disposition is against the applicant for a provisional disposition, if the judgment is deemed to be reversed by free will, the court shall have a change in circumstances to revoke the provisional disposition, and the provisions of Article 706 of the Civil Procedure Act concerning the cancellation of provisional disposition due to change of circumstances shall also apply mutatis mutandis to the cancellation of provisional disposition pursuant to Article 715 of the same Act. According to the reasoning of the judgment below, the court below is justified, on the ground that "in case of cancellation of provisional disposition on the ground of change of circumstances, the existence of rights and the grounds for provisional disposition, which are preserved by the provisional disposition, may be the data for cancellation of the provisional disposition, but it is not sufficient to vindicate the fact that there are special circumstances that the applicant's explanatory materials are not based on special circumstances." Thus, the court below's decision is erroneous in the misapprehension of legal principles as to the cancellation of provisional disposition, but it is so decided as per Disposition by the assent of all Justices who participated in the application of Article 406 (1) of the Civil Procedure Act.

The judge of the Supreme Court (Presiding Judge) of the Red Magsan (Presiding Judge) of the Republic of Korea is a Mag-bunbun Mag-man