Where provisional seizure is to be cancelled for a violation of the order to file a lawsuit on the merits under Article 287 of the Civil Execution Act.

The revocation of provisional seizure by the addition, etc. of a lawsuit on the merits under Article 287 of the Civil Execution Act is a system to revoke the provisional seizure order when an obligee orders an obligee to file a lawsuit on the merits and fails to submit a document attesting that the obligee has filed a lawsuit on the merits within a fixed period of time. The same shall also apply where the obligee fails to submit a document attesting such facts to the court within a fixed period of time, notwithstanding the absence of a lawsuit on the merits within the period fixed in the order to file a lawsuit or the continuation of a lawsuit on the merits within the fixed period of time, or the continuation of a lawsuit on the merits has already been filed or has already been filed

Article 287 of the Civil Execution Act

Applicant (Re-Appellant)

Respondent (Re-Appellant)

Seoul High Court Order 2003Ra72 dated March 11, 2003

The reappeal shall be dismissed. The costs of reappeal shall be borne by the respondent.

The revocation of provisional seizure by the addition, etc. of a lawsuit on the merits under Article 287 of the Civil Execution Act is a system to revoke the provisional seizure order when an obligee orders an obligee to file a lawsuit on the merits, and a creditor fails to submit a document evidencing the filing of a lawsuit on the merits within a fixed period of time. The same shall also apply where the obligee fails to submit a document evidencing such facts to the court within a fixed period of time, notwithstanding the absence of a lawsuit on the merits within a fixed period of time, or the continuation of a lawsuit on the merits, or the continuation of a lawsuit on the merits, even if the obligee fails to submit a document evidencing such facts to the court

In the same purport, it is proper that the court below maintained the decision of the first instance that revoked the provisional seizure order on the ground that the respondent filed a lawsuit on December 18, 2002 within 30 days from the date on which the ruling was served, and submitted the documents proving the existence of the lawsuit, or that the lawsuit was already filed on January 20, 2003, and that the lawsuit was filed on January 20, 2003 after the period for filing the lawsuit was expired, and that the provisional seizure order was submitted along with the evidentiary documents filing the lawsuit on the merits while dissatisfied with the cancellation of the provisional seizure order, and that there was no error as alleged in the grounds for reappeal.

Therefore, the reappeal shall be dismissed, and the costs of reappeal shall be borne by the losing respondent.

Justices Zwon (Presiding Justice)