The legitimate party entitled to apply for a revocation of provisional disposition

The person who has the right to request provisional disposition based on special circumstances is the provisional disposition debtor and his general succession.

Article 720 of the Civil Procedure Act

Park Sung-sung (Attorney Park Jong-sung, Counsel for the plaintiff-appellant)

[Defendant-Appellee] The Korea Development Bank (Attorney Jeon Il-il, Counsel for defendant-appellee)

Daegu High Court Decision 4294No161 delivered on July 5, 1961

The appeal shall be dismissed.

The costs of appeal shall be borne by the applicant.

The grounds for the appeal by the applicant's attorney are the same as those of the appellate brief that is collected at the end of this judgment.

We examine the first and second grounds of appeal. The first and second grounds of appeal are examined. In the revocation of provisional attachment due to changes in circumstances under Article 706 of the Civil Procedure Act, the applicant is defined as the debtor, but there is no provision of the applicant in the revocation of provisional disposition under Article 720 of the same Act. However, the provisions of the same Act concerning the revocation of provisional disposition due to special circumstances are interpreted as the applicant and the general successor in its nature, and the third party is interpreted as the holder of the right to apply for provisional disposition, and the third party can file an application for revocation of provisional disposition on behalf of the debtor of provisional disposition in this case. However, according to the records of this case, the applicant asserts that the applicant can file an application for revocation of provisional disposition on behalf of the debtor of the provisional disposition in this case.

The grounds of appeal No. 3 are examined as to the ground of appeal. Even if the applicant disposes of the object of dispute in whole by a favorable judgment to which a declaration of provisional execution was attached to the court of first instance in this case, the court below's rejection of the applicant's application for provisional disposition is not a problem. Thus, the court below's action is justified.

The appeal is dismissed, and the costs of the lawsuit are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

The judge of the Supreme Court (Presiding Judge) of the Red Magsan (Presiding Judge) of the Republic of Korea is a Mag-bunbun Mag-man