Relationship between a person who has acquired rights after the registration of provisional disposition and a person entitled to provisional disposition

(a) Subsequent to the entry of the registration of provisional injunction in force, the person who acquired the right after the registration of such provisional injunction cannot set up relatively against the person having the provisional injunction, until the cancellation of the registration of such provisional injunction, by obtaining a judgment of cancellation of the provisional injunction, notwithstanding the name of the person having rendered the lawsuit on

(b) A person who registers the real estate in violation of the contents of the above provisional disposition after the registration of provisional disposition prohibiting disposal is completed shall be able to file a claim for the entry by the judgment in favor of the principal on the merits, and further, if a claim for cancellation of the above registration

Articles 714 and 719 of the Civil Procedure Act, Article 164 of the Registration of Real Estate Act

Defendant 1 and two others

Morinium

Seoul District Court Decision 4294 civil defense 1656, 1657 delivered on December 20, 1962, Seoul High Court Decision 201Da1657 delivered on December 20, 201

The part of the original judgment against the Defendants shall be reversed, and this part shall be remanded to the Seoul High Court.

(1) First, we examine the Defendants’ ground of appeal No. 1 by Kim Nam-han.

In light of the above facts, the court below's decision on the provisional disposition against the defendant 1 and the defendant 2's non-party 1's non-party 2's non-party 2's non-party 1's non-party 2's non-party 1's non-party 2's non-party 1's non-party 2's non-party 9's non-party 1's non-party 2's non-party 9's non-party 9's non-party 1's non-party 2's non-party 9's non-party 1's non-party 9's non-party 1's non-party 2's non-party 9's non-party 1's non-party 1's non-party 2's non-party 1's non-party 1's non-party 9's non-party 1's non-party 1's non-party 1's non-party 1's non-party 1's ownership registration.

(2) On the following grounds of appeal No. 3, the court below held that even if Defendant 1 became a recognition and recognition in a lawsuit against Nonparty 2 and Nonparty 1, it cannot be effective, so this alone is not sufficient to oppose the plaintiff, but the decision of the court below that the above recognition and recognition cannot be effective first, is erroneous, since the above recognition and recognition cannot be effective. Second, after the provisional disposition registration is entered properly in the lawsuit against Nonparty 2 and Nonparty 1, the person who acquired the right after the provisional disposition registration cannot oppose the provisional disposition registration even if the provisional disposition registration is cancelled, since the above provisional disposition registration cannot be asserted against the defendant 1 (the provisional disposition authority).

Nevertheless, the court below's decision that the plaintiff, who acquired the ownership after the provisional disposition of prohibition of disposal, could oppose the acquisition of the ownership to Defendant 1, the right holder of such provisional disposition, is erroneous in the misapprehension of legal principles as to the validity of the provisional disposition of

This part of the judgment of the court below is reversed, and this part of the appeal is remanded to the Seoul High Court for further proceedings consistent with this Opinion, since it is well-grounded in the first and third grounds for appeal.

It is so decided as per Disposition by the assent of all participating judges.

The judge of the Supreme Court (Presiding Judge) of the Republic of Korea shall have the highest leapbal leapbal leapbal of the red net leapbal.