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Main Issues
The nature of provisional disposition as stipulated in Article 507(2) of the Civil Procedure Act.
Summary of Judgment
With respect to a provisional disposition under Section 2 of this Article, no appeal may be made by analogy of Section 3 of this Article.
[Reference Provisions]
Article 507(2) of the Civil Procedure Act
Re-appellant
Correspondings
Judgment of the lower court
Gwangju District Court Decision 65Ra72 delivered on November 1, 1965
Text
The reappeal is dismissed.
Reasons
The provisional disposition stipulated in Article 507 (2) of the Civil Procedure Act is ad hoc measure until a judgment is rendered after a complaint is filed by the nature of the disposition. Thus, it is interpreted that the main source of appeal is to make it impossible to file an objection by analogy of Article 473 (3) of the same Act (see Supreme Court Order 61Ma327, Oct. 19, 1961). As to an appeal against the decision on revocation of this case, the original decision that dismissed ex officio on the ground that the appeal is unlawful, is without merit.
It is so decided as per Disposition by the assent of all participating judges.
Justices of the Supreme Court Dog-gu (Presiding Judge) Dog-Jak and Mag-gu Mag-gu