If a right holder to security exercises his/her right before a decision to revoke security based on the legal fiction of consent becomes final and conclusive, the validity of the legal fiction of consent;

After the completion of a lawsuit, the court shall notify the person having the right to the security at the request of the person having the security to exercise his right within a certain period, and if the person having the right to the security fails to exercise his right within such period, the court may decide the revocation of the security by deeming that there exists a consent on the cancellation of the security, but it is reasonable to interpret that if the person having the right to the security has exercised his right before the lawsuit becomes final and conclusive,

Articles 475 and 115(3) of the Civil Procedure Act

Domination leaves

Treatment of Corporation

Busan District Court Decision 89Ka14352

The original decision shall be revoked.

The applicant's request for cancellation of the security of this case is dismissed.

According to the records of this case, on July 16, 1986, on the basis of an executory exemplification of the judgment of the Daegu District Court No. 86Ra159 case against the non-party 1, the appellant filed an appeal against the non-party 2 on February 28, 1985, claiming that the other party would have received the above seizure execution as a transfer of security against the non-party 1, 2, 5, and 3, 194 from the new metal industry company located in Busan Northern-dong 424, and that the other party did not file an appeal against the non-party 1, 3,000 won from the above 7,00,000 won from the above 19,7,000 won from the above 1,7,000 won from the above 1,78,000 won from the above 1,000 won from the above 19,000 won from the above 3,07,000 won from the court below's judgment against the other party 1,7.

However, according to Article 115 (3) of the Civil Procedure Act, which applies mutatis mutandis by Article 475 of the same Act, the court shall, after the completion of the lawsuit, notify the person having the right to the security to exercise his right within the period, upon the application of the person having the right to the security, and if the person having the right to the security fails to exercise his right within the period, the court shall consider the person having the right to cancel the security as consent, and if the person having the right to the security has exercised his right before the decision to cancel the security becomes final and conclusive, it is reasonable to interpret that the effect considered as having consented to the cancellation once.

Therefore, unless the original decision was made at the time of the decision, it is reasonable that the appellate court dismissed the application for cancellation of security by cancelling the original decision, and it is so decided as per Disposition, so long as the appellant filed a lawsuit on August 7, 1989, which is final and conclusive, as a result of proving the exercise of right by filing a lawsuit on the claim for damages as above against the other party.

Judges private-use (Presiding Judge) in English name