Whether a new trial by the applicant for provisional disposition on the judgment against which the case on the merits of provisional disposition has been affirmed has an effect on the grounds of revocation of provisional disposition.

If a judgment against the applicant becomes final and conclusive in the case of the merits of provisional disposition, it shall be deemed that there was a change of circumstances that can seek the revocation of such provisional disposition, and even if the applicant is in the process of filing a lawsuit for a retrial on the merits, it shall not affect the cause of change of circumstances.

Articles 706 and 720 of the Civil Procedure Act

Applicant

Respondent

Seoul Central District Court (73Ka11369) in the first instance trial

The respondent's appeal is dismissed.

Expenses for appeal shall be borne by the respondent.

The decision of provisional disposition rendered on March 7, 1966 by the mobilization of the case of provisional disposition against prohibition of disposal of real estate between the above parties shall be revoked. The costs of lawsuit shall be borne by the respondent and a declaration of provisional execution shall be sought.

The respondent shall revoke the original judgment. The respondent's application is dismissed. The costs of the lawsuit are assessed against the applicant in both the first and second trials.

The respondent made a provisional disposition against the applicant on March 7, 1966 that he/she shall not sell, donate, lease on a deposit basis, establish a mortgage, or otherwise dispose of the property of the applicant's share of 18.4 shares in Yongsan-gu Seoul Yongsan-gu, Yongsan-gu, Seoul Metropolitan Government on April 7, 1952. The respondent has executed the provisional disposition that he/she shall not sell, donate, lease on a deposit basis, establish a mortgage, or dispose of the property of the applicant's share of 18.4 shares in the Yongsan-gu, Yongsan-gu, Seoul Metropolitan Government, and then the respondent has won part of the court of first instance by demanding the applicant to implement the procedure for cancelling the registration of cancelling the registration of the transfer of the real property of the above provisional disposition, but the original judgment was revoked and the claim of the applicant was dismissed in the appellate court (Seoul High Court 67Na2535) and the final appeal from the appellate court (69Da306) to the final appeal (69Da306) to dismiss the dispute between the respondent and the losing party.

Therefore, barring special circumstances, the provisional disposition in this case does not need to continue to exist as a result of a change in the circumstances against the respondent's losing decision. The respondent asserts that the provisional disposition in this case should be maintained as it is because the respondent is currently filing a lawsuit for a retrial against a final and conclusive exhibition judgment against the respondent. Thus, according to the evidence Nos. 1 and 2 of the same subparagraph (each proof of a lawsuit for retrial), the respondent may recognize the fact that the respondent submitted a written complaint to the party member on April 15, 1974, unless there are special circumstances such as the cancellation of the original judgment in the lawsuit for retrial, the above respondent's assertion cannot be accepted as it does not affect the grounds for change in circumstances that have already occurred.

Therefore, the petitioner's main claim shall be accepted, and the original judgment with the same conclusion is just, and the respondent's appeal is without merit, and the appellate court's lawsuit costs shall be borne by the respondent who has lost, and it is so decided as per Disposition.

Judge Cho Young-uk (Presiding Judge)